Arunachalam 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 Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the first respondent in Letter Ref.No.OBJ/1049093756/25 in File No.TR2077524892925 dated 06.05.2025 and quash the same and consequently direct the first respondent to issue passport in favour of the petitioner based on the petitioner's application in File No.TR2077524892925 dated 01.04.2025 within a time as stipulated by this Court.

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

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WP(MD).No.31135 of 2025

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For Petitioner :Mr.P.Gunasekaran

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For Respondents :Mr.V.B.Sundhareshwar Central Government Standing Counsel for R1

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:Mr.S.Prakash

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Government Advocate (Crl.Side) for R2

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O R D E R

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The present writ petition has been filed seeking to quash the show cause notice issued by the first respondent herein to explain the adverse remarks received by them from the police based upon his application seeking passport dated 06.10.2025.

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2.The learned Government Advocate (Crl.Side) appearing for the second respondent brought to the notice of the Court that the petitioner was implicated in a criminal case in Crime Nos.37 of 2018 and 68 of 2019 on the file of the Valanadu Police Station in which the petitioner was acquitted by the Criminal Court. The petitioner was implicated in another criminal case in Crime No.22 of 2020 on the file of the Valanadu Police Station which has culminated in filing of the charge sheet in STC.No.217 of 2023 on the file of the Judicial Magistrate, Manapparai on 19.03.2020. The petitioner has also been implicated in two other criminal cases in Crime Nos.23 and 291 of 2020 on the file of the Valanadu Police Station. In both cases, so far charge sheet has not been laid.

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

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WP(MD).No.31135 of 2025

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3.Considering the above said facts, this Court in a judgment reported in

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(2014) 8 MLJ 61 (W.Jaihar William v. State of Tamil Nadu) has categorically held that pendency of a criminal case is not a legal impediment for issuance of passport. However, whenever a charge sheet is laid, the petitioner has to approach the concerned trial Court to seek permission of the Court to go abroad.

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4.Considering the above said facts, the petitioner is directed to approach the learned Judicial Magistrate, Manapparai and seek permission to go abroad. If any such application is filed, the Judicial Magistrate, Manapparai is directed to dispose of the same within a period of four weeks. Based upon the orders to be passed by the Judicial Magistrate, the first respondent is directed to proceed in accordance with law.

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5.With the above said observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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08-12-2025

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Index :Yes/No Internet :Yes/No NCC : Yes/No msa

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

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WP(MD).No.31135 of 2025