Rajadurai Vs The Regional Passport Officer

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to process the petitioner's passport application vide File No.TR1065192230925 dated 15.06.2025 and to issue a passport to the petitioner within the time stipulated by this court.

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For Petitioner : Mr.P.Balamurugan For Respondents : Mr.P.Arun Jayatram Central Govt. Standing Counsel (for R1)

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Mr.Vaikkam Karunanith Govt. Advocate (crl. side) (for R2)

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.23717 of 2025

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ORDER

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Heard the learned counsel for the petitioner and the learned Central Government Standing Counsel, who takes notice for the first respondent and the learned Government Advocate (criminal side), who takes notice for the second respondent. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

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This writ petition is filed seeking a direction to the first respondent to process the petitioner's passport application vide File No.TR1065192230925 dated 15.06.2025 and to issue a passport to the petitioner within the time stipulated by this court.

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The learned Government Advocate (Criminal Side) would submit that proceedings have been initiated against the petitioner under the following enactments:

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S.No.	Crime No.	Offences
1	546/2021	294(b), 506(ii) r/w TN Prohibition of Exoribitan Interest Act – FIR quashed
2	547/2021	294(b), 342, 354(A), 370, 374 IPC r/w 16, 17, 18 of Bonded Labor system Abolition PT
3	560/2021	294(b), 506(ii) IPC r/w TN Prohibition of Exorbitant Interest Act – UI
4	564/2021	294(b), 506(ii) r/w TN Prohibition of Exorbitant Interest Act – UI

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W.P(MD)No.23717 of 2025

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The learned Government Advocate (Criminal Side) further submits that the proceedings initiated against the petitioner in Crime No.546 of 2021 for the offences mentioned in Serial No.1 have been dropped. It is submitted that, as far as Crime No.547 of 2021 is concerned, the petitioner has been charge-sheeted, and the charge sheet has been filed before the Judicial Magistrate, Pattukkottai, in P.R.C. No.43 of 2021. Therefore, there cannot be any positive direction to the first respondent to process the passport application. He further submits that, with regard to Serial Nos.3 and 4, the cases are still under investigation and no charge sheet has been filed so far.

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Considering the above facts and circumstances of the case, there is no scope for giving a positive direction to the first respondent to process the passport application of the petitioner. Therefore, this writ petition is liable to be dismissed. Liberty is granted to the petitioner to move an appropriate application before the Judicial Magistrate, Pattukkottai, in P.R.C. No.43 of 2021, in respect of FIR No.547 of 2021, for appropriate relief. In case the petitioner secures such relief, he may approach the first respondent for processing the passport application. It is made clear that, if the petitioner is also charge-sheeted in the other two cases, he shall surrender the passport and obtain necessary permission. In case of any failure or violation,

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W.P(MD)No.23717 of 2025

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the passport to be issued shall be liable to be seized by the respondents.

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