S.Gnanakumar v. Union of India

O R D E R The petitioner has approached this Court seeking issuance of a Writ of Mandamus directing respondents 2 and 3 to renew the petitioner's passport bearing No. N3225879 pursuant to the application submitted under Application Reference No. 25-1060444790 and File No. MD1078770815915.

¶2The grievance of the petitioner is that though an application was submitted for renewal of the passport, the same has not been processed by respondents 2 and 3. According to the petitioner, the application has been kept pending on the ground that the police verification report contains adverse remarks stating that two criminal cases have been registered against the petitioner.

¶3Heard the learned counsel appearing on either side and perused the materials available on record.

¶4The refusal to issue or renew a passport is governed by the provisions of the Passport Act, 1967. Under Section 6 of the said Act, the Passport Authority is empowered to refuse issuance or renewal of a passport only under the circumstances specifically enumerated therein. One such circumstance is when proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India.

¶5In the present case, the only reason cited for withholding the petitioner's application is that criminal cases have been registered against the petitioner. However, mere registration of an FIR does not fall within the grounds contemplated under Section 6 of the Passport Act for refusing issuance or renewal of a passport. The statutory bar would arise only if criminal proceedings are pending before a competent criminal court.

¶6Therefore, the action of respondents 2 and 3 in withholding the petitioner's application for renewal of the passport solely on the basis of the registration of FIRs is contrary to the provisions of Section 6 of the Passport Act, 1967.

¶7In view of the above, this Court finds merit in the contention raised by the petitioner.

¶8Accordingly, this Writ Petition is allowed and the second respondent is directed to process the petitioner's application for renewal of passport bearing No. N3225879 and renew the same, subject to the petitioner satisfying all other eligibility requirements under law. This exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

Index :Yes / No

12.03.2026 Internet :Yes / No NCC :Yes / No cmr To

1.The Inspector of Police, Melur Police Station, Madurai District.

2.The Inspector of Police, K.Pudur Police Station, Madurai – 625 007.

HEMANT CHANDANGOUDAR, J.

cmr

12.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR G.Gnanakumar ... Petitioner -vs.- 1.Union of India, represented by its Secretary, Ministry of External Affairs, Government of India, New Delhi. 2.The Regional Passport Authority, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002. 3.The Assistant Passport Authority, Office of the Assistant Passport Authority, Claret Plaza, Melakkal Main Road, Kochadai, Madurai -625 016. 4.The Inspector of Police, Melur Police Station, Madurai District. 5.The Inspector of Police, K.Pudur Police Station, Madurai – 625 007. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 2 and 3 to process the application submitted by the petitioner in application reference No.25-1060444790 and File No.MD1078770815915 to renew or re-issue petitioner's passport in Passport No.N3225879 and as per the representation of the petitioner to the respondents 2 and 3 dated 26.02.2026 for the normal period of ten years from the date of re-issue within the period to be stipulated by this Court. For Petitioner :Mr.R.Saravana Prabhu For R1 to R3 :Mr.G.Movendran Central Government Standing Counsel For R4 and R5 :Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) *****