Disposed¶25

Kamaraj v. The Regional Passport Officer

Passport – Writ of Mandamus under Article 226

Madras HC19 Dec 2025WP(MD)/36277/2025

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Case brief

AI extract

What is this about?

Passport issuance; mandamus; Article 226; FIR pendency not legal impediment; accused in criminal case; Crime No.333 of 2017 Kodaikanal Police Station; Sections 279, 337, 304(A) IPC; charge sheet returned for rectification not taken on file; (2014) 8 MLJ 61 W.Jaihar William v. State of Tamil Nadu followed; Regional Passport Officer Madurai directed to consider application File No. MD1065151735425 dated 09.06.2025 within four weeks; WP(MD) No.36277 of 2025; disposed with no costs.

What did the court decide?

First respondent directed to consider the petitioner's passport application (File No. MD1065151735425 dated 09.06.2025) and pass orders within four weeks from receipt of a copy of the order; writ petition disposed of with no costs. ¶25

Kamaraj Vs The Regional Passport Officer — Murder and Culpable Homicide | Madras HC (2025)

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WP(MD). No.36277 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 19/12/2025

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CORAM

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The Hon`ble Mr.Justice R.VIJAYAKUMAR

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WP(MD). No.36277 of 2025

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Kamaraj ... Petitioner

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The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625002..

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The Inspector of Police, Kodaikkanal Police Station, Dindigul 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 Mandamus, directing the 1^st respondent to issue Passport Book to the Petitioner by considering his passport Application in File No. MD1065151735425 dated 09.06.2025 on the file of the 1^st respondent.

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For Petitioner : Mr.R.Jenifar Bibin For Respondents : Mr.V.B.Sundhareshwar for R1 Ms.M.Aasha for R2 Government Advocate (Crl. Side)

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

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WP(MD). No.36277 of 2025

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ORDER

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The present writ petition has been filed seeking a mandamus against the first respondent for issuance of passport based upon his application dated 09.06.2025.

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The learned Government Advocate for the 2^nd respondent

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brought to the notice of the Court that the petitioner is arrayed as an accused in a criminal case in Crime No.333 of 2017 on the file of the Kodaikanal Police Station, Dindigul District, wherein, he is charged for the alleged offences under Sections 279, 337 and 304(A) IPC. Even though charge sheet is said to have been laid before the Judicial Magistrate, Kodaikanal on 12.10.2017, it has been returned for rectification of certain defects and so far it has not been represented and not taken on file.

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The Hon'ble Supreme Court in a judgment reported in (2014) 8 MLJ 61 (W.Jaihar William v. State of Tamil Nadu) has categorically held that pendency of an FIR is not a legal impediment for issuance of a passport.

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

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WP(MD). No.36277 of 2025

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Considering the above said facts, the first respondent herein is directed to consider the application of the petitioner seeking 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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