Karthi Karunanithi Vs the Regional Passport Officer

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1^st respondent to consider and issue passport in pursuant to petitioner’s application reference File No.TR7065897734025 dated 06.11.2025 pending on the file of the 1^st respondent.

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For Petitioner : Mr.P.Muthamizh Selvakumar For Respondents-2 : Mr.L.Baskaran

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Government Advocate(Crl.Side)

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

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W.P.No.49652 of 2025

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ORDER

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This Writ Petition has been filed seeking the issuance of a writ of mandamus directing the 1^st respondent to consider the petitioner’s application reference File No.TR7065897734025 dated 06.11.2025 pending on the file of the 1^st respondent and to issue a passport.

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It is the case of the petitioner that, since he intended to travel abroad, he had applied for a passport through the website of the 1^st respondent on 06.11.2025 and the same was taken on file in File No.TR7065897734025 dated 06.11.2025. Thereafter, the petitioner received a communication dated 25.11.2025 from the 1^st respondent stating that there was an adverse report from the 2^nd respondent-Police with remarks that the petitioner had not disclosed the pendency of the cases registered against him in Crime No.117 of 2023 and Crime No.10 of 2020.

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W.P.No.49652 of 2025

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It is the further case of the petitioner that the aforesaid cases are not grave offences or serious in nature. He would also submit that the 2^nd respondent has not filed the final report before the concerned jurisdictional court. Though the petitioner had approached the 2^nd respondent seeking to file the final report before the jurisdictional court, the same has not been filed to date and consequently, the petitioner has not been issued with a passport. Therefore, he is before this Court.

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The 2^nd respondent has filed a status report wherein it is submitted that two criminal cases are pending against the petitioner, namely: (i) for the offences under Sections 143, 341, 294(b), 324, 427 and 506(ii) of the Indian Penal Code, in Crime No. 117 of 2023, which has been taken on file as C.C.No. 44 of 2026; and (ii) for the offences under Sections 379 and 430 of the Indian Penal Code and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, which is yet to be taken on file.

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W.P.No.49652 of 2025

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In view of the above, there is no impediment as contemplated under Section 6 of the Passports Act. However, in order to travel abroad, the petitioner is required to obtain prior permission from the concerned Jurisdictional Court.

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Accordingly, the writ petition is disposed of with a direction to

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the 1^st respondent to process the petitioner’s application dated 06.11.2025 and issue a passport, subject to the condition that the petitioner shall obtain necessary permission from the concerned Jurisdictional Magistrate in the event of his travelling abroad. The said exercise shall be completed within a period of three weeks from the date of receipt of a copy of this order. No costs.

12.01.2026

srn

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W.P.No.49652 of 2025

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To