Edward Sujin Vargheese v. The Regional Passport Officer

Madras HC5 Dec 2025WP(MD)/28285/2025

Case brief

AI extract

What is this about?

Passport re-issuance; pendency of FIR not an impediment; Article 226 certiorarified mandamus; Regional Passport Officer Madurai; Crime No.523 of 2021 Colachel Police Station Kanyakumari; charge sheet not taken on file due to defects; 2014 8 MLJ 61 Mr.W.Jaihar Willam v. State of Tamil Nadu relied on; four-week direction to consider re-issuance; W.P.(MD) No.28285 of 2025; connected W.M.P(MD) No.21992 of 2025 closed; no costs.

What did the court decide?

Writ petition disposed of with a direction to the first respondent to consider the petitioner's request for re-issuance of passport and pass orders within four weeks; no order as to costs; connected Miscellaneous Petition (W.M.P(MD) No.21992 of 2025) closed. ¶28-29

Edward Sujin Vargheese Vs The Regional Passport… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order of the first respondent dated 12.09.2025 (Letter Ref.No.SCN/1050055880/25) should be quashed and the respondents directed to reissue the petitioner's passport for 10 years on his application dated 20.08.2025, despite the criminal case/FIR pending against him.

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Court's answer

Applying this Court's earlier ruling in 2014 8 MLJ 61 (Mr.W.Jaihar Willam v. State of Tamil Nadu), the Court proceeded on the footing that mere pendency of an FIR/criminal case is not a legal impediment to issuance of a passport, and found no bar to re-issuance of the petitioner's passport.

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Ratio / Principle

The first respondent was directed to consider the petitioner's request for re-issuance of passport and pass orders within four weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), R. Vijayakumar, J., 05.12.2025 — Passports — Re-issuance — Writ petition under Article 226 seeking quashing of the Regional Passport Officer's order dated 12.09.2025 (Letter Ref.No.SCN/1050055880/25) and re-issue of passport on application dated 20.08.2025 (file No.MD4075514994625). A criminal case (Crime No.523 of 2021, Colachel Police Station) was pending against the petitioner; the charge sheet laid on 12.11.2022 had not been taken on file due to unrectified defects, and the FIR disclosed only a wordy quarrel with a neighbour. Relying on this Court's ruling in 2014 8 MLJ 61 (Mr.W.Jaihar Willam v. State of Tamil Nadu) that mere pendency of an FIR is not a legal impediment to issuance of a passport, the Court directed the first respondent to consider the re-issuance request and pass orders within four weeks. Writ petition disposed of without costs; connected miscellaneous petition closed.

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W.P.(MD).No.28285 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.12.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.28285 of 2025 and

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W.M.P(MD) No.21992 of 2025

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Edward Sujin Vargheese

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...Petitioner

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The Regional Passport Officer, Government of India, Ministry of External Affairs, Passport Officer, Bharathi Ula Street, Race Course Road, Madurai – 625 002.

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The Inspector of Police, Colachel Police Station, Kanyakumari District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the concerned records from the 1^st respondent, quash the order of the 1^st respondent dated 12.09.2025 bearing Letter Ref.No.SCN/1050055880/25 as illegal, arbitrary and contrary to law and consequently direct the respondents to reissue the passport to the petitioner for 10 years on the basis of the Application submitted by the petitioner to the 1^st respondent bearing file No.MD4075514994625 dated 20.08.2025 within the time frame stipulated by this Court.

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

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W.P.(MD).No.28285 of 2025

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For Petitioner : M/s.D.Rajaboopathy For R2 : Mr.S.Prakash Government Advocate (Criminal Side)

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O R D E R

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The present Writ Petition has been filed seeking to quash the order passed by the first respondent bearing Letter in Ref.No.SCN/1050055880/25 , dated 12.09.2025 and directing the respondents to re-issue the passport to the petitioner, based upon his application dated 20.08.2025.

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2. The learned Government Advocate (Criminal Side) appearing for the second respondent brought to the notice of this Court that a criminal case is pending as against the writ petitioner in Crime No.523 of 2021on file of the second respondent. Though a charge sheet has been laid on 12.11.2022, so far the charge sheet has not been taken on file due to defects. The police officials have not yet rectified the defects and represented the same.

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3. A perusal of an FIR reveals that the petitioner has been implicated in a criminal case for a wordy quarrel with his neighbour.

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

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W.P.(MD).No.28285 of 2025

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4. This Court in a judgment reported in 2014 8 MLJ 61 (Mr.W.Jaihar

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Willam Vs.the State of Tamil Nadu) has held that mere pendency of FIR would not be a legal impediment for issuance of passport.

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5. Considering the above said facts, the first respondent is directed to consider the request of the petitioner for re-issuance of passport and pass orders within a period of four weeks from the date of receipt of a copy of this order.

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6. With the above said observation, this Writ Petition stands disposed

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of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

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05.12.2025

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NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

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

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W.P.(MD).No.28285 of 2025

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The Regional Passport Officer, Government of India, Ministry of External Affairs, Passport Officer, Bharathi Ula Street, Race Course Road, Madurai – 625 002.

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