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2025 Supreme(Online)(MAD) 13886
HIGH COURT OF MADRAS
Vivek Kumar Singh, J
Gopalakrishnan – Appellant
Versus
The Regional Passport Officer – Respondent
W.P.(MD)No.9418 of 2025
For the Appellants/Petitioners: Mr.N.Sathish Babu
For the Respondents: Mr.M.Mahenda Prabhu, Mr.K.Gnanasekaran
The right to travel abroad is a fundamental right and should only be restricted under extraordinary circumstances.
Headnote:This judgment addresses the issuance of a Writ of Mandamus under Article 226 of the Constitution of India for the re-issuance of a passport after police verification. The court noted an adverse report led to a refusal from the Regional Passport Officer. It emphasized the fundamental right to travel abroad and determined that such rights should be afforded unless warrants extraordinary circumstances. The petition is allowed with no costs.
| Table of Content |
|---|
| 1. issuance of writ for passport re-issuance. (Para 1 , 2) |
| 2. adverse verification affects passport issuance. (Para 3 , 4) |
| 3. right to travel endorsed with conditions. (Para 5) |
| 4. writ allowed, no costs. (Para 6) |
O R D E R
This writ petition has been filed for issuance of a writ of mandamus, directing the first respondent to re-issue the petitioner's passport vide Passport Application file No. MD1077217346724.
2.The petitioner has made an application in File No.
MD1077217346724, for re-issuance of passport. However, upon receiving an adverse police verification report, the first respondent refused to issue the passport. Hence, this Writ Petition has been filed by the petitioner.
3. The learned Government Advocate (Crl.) appearing for the second respondent, on instructions, submitted that there are three cases registered against the petitioner. Of these cases, two cases in Crime Nos.550 of 2024 and 674 of 2015 culminated in laying charge sheet in C.C.No.2390 of 2024 and C.C.No.2261 of 2022, before the learned Judicial Magistrate No.1, Madurai.
4. Heard the learned counsels on either side and carefully perused the entire materials available on record.
5. The petitioner is given liberty to move the learned Judicial Magistrate No.1, Madurai, for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned Trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if he is denied the right to go abroad. Therefore, the learned Trial Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the learned Trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner-s absence from India. If necessary, the applicant can be directed to file an application under Section 228 of Bharatiya Nyaya Suraksha Sanhita , 2023, by executing a special vakalat.
6. Based on the order passed by the learned Trial Court, the petitioner shall move the jurisdictional Regional Passport Officer, who shall dispose of the petition~mentioned application in terms of the said order.
7. This Writ Petition is allowed on these terms. There shall be no order as to costs.
07.04.2025 Index : Yes / No Internet : Yes / No PKN To
1. The Regional Passport Officer, Office of the Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2. The Inspector of Police, Teppakulam Police Station, Madurai City.
3. The learned Judicial Magistrate No.1, Madurai.
VIVEK KUMAR SINGH, J.
PKN
07.04.2025
