S.Valliammal @ Pavithra Vs The Secretary

7.The Chief Immigration Officer, Bureau of Immigration (BOI), Ministry of Home Affairs, East Block – VIII, Level – V, Sector I, R.K.Puram, New Delhi – 110 066.

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..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 Mandamus directing the respondents 1 to 3 to impound / cancel the passport bearing No.T6791370 issued in the name of the 6th respondent in view of the pending criminal proceedings, maintenance arrear,s and warrants pending against him and directing the respondents 4 and 5 to furnish necessary reports and assist the respondents 1 to 3 for the cancellation / impounding of the passport.

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For Petitioner : M/s.B.Bhuvaneshvari for M/s Ganesan Legis Law Firm Udayam For Respondents : Mr.M.Kannan

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Central Govt. Standing Counsel (for R1 to R3) Mr.S.Prakash

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Govt. Advocate (Crl. Side) (for R4 & R5)

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

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W.P(MD)No.28315 of 2025

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ORDER

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This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to impound/cancel the passport bearing No. T6791370 issued in the name of the 6th respondent, in view of the pending criminal proceedings, maintenance arrears, and warrants against him. The petitioner further seeks a direction to the respondents 4 and 5 to furnish necessary reports and to assist respondents 1 to 3 in the process of cancellation/impounding of the said passport.

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Heard both sides and perused the records.

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The petitioner is the wife of the 6th respondent. Due to matrimonial disputes, the petitioner lodged a complaint against him, pursuant to which the 5th respondent registered an FIR in Cr.No.12 of 2020 for offences under Sections 498-A, 294, 323, 506(1) IPC, Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, and Section 4 of the Dowry Prohibition Act. The petitioner has also instituted M.C. No. 26 of 2020 before the Family Court seeking maintenance, in which arrears are stated to be pending. It is submitted that the 6th respondent has absconded to Malaysia, and a Look-Out Circular has been issued against him. The petitioner therefore submitted a representation dated 03.10.2025 to the

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

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W.P(MD)No.28315 of 2025

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Passport Authorities seeking impounding/cancellation of his passport. As no action was taken, she has approached this Court.

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The learned counsel for the petitioner submits that it would suffice if the petitioner’s representation is directed to be considered.

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The learned Central Government Standing Counsel appearing for respondents 1 to 3 submits that the said representation will be considered in accordance with law.

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In view of the above, without expressing any opinion on the merits of the matter, the respondent Passport Authority is directed to consider the petitioner’s representation dated 03.10.2025 and pass final orders on its own merits, within a period of two months from the date of receipt of a copy of this order, after affording a reasonable opportunity to both the petitioner and the 6th respondent.

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Accordingly, this Writ Petition is disposed of. No costs.

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18.11.2025

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NCC : Yes/No Index : Yes/No Internet:Yes skn

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

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W.P(MD)No.28315 of 2025

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To

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1.The Secretary,

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Ministry of External Affairs, Patiala House Annexe, Tilak Marg, New Delhi – 110 001.

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2.The Chief Passport Officer, Ministry of External Affairs, Patiala House Annexe, Tilak Marg, New Delhi – 110 001.

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3.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002.

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4.The Superintendent of Police, Sivagangai District.

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5.The Inspector of Police, All women Police Station, Sivagangai District.

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6.The Chief Immigration Officer, Bureau of Immigration (BOI), Ministry of Home Affairs, East Block – VIII, Level – V, Sector I, R.K.Puram, New Delhi – 110 066.

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

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W.P(MD)No.28315 of 2025

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P.T.ASHA, J.

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skn

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Writ Petition(MD)No.28315 of 2025