Rashmi v. The Regional Passport Officer

ORDER This Writ Petition has been filed seeking the issuance of a writ of Mandamus directing the first respondent to issue fresh passport to petitioner by processing petitioner online passport application vide File No. MD1067021165326 dated 17.06.2026 and the 1st respondent received the same on 23.06.2026.

2.Heard Mr.G.Sivakumar, learned counsel appearing for the petitioner, Mr.M.Mithun, learned Central Government Standing Counsel, who accepts notice on behalf of the first respondent and Mr.R.Mohamed Riyaz, learned Government Advocate (Criminal Side), who accepts notice on behalf of the second respondent.

3.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

4.The learned counsel appearing for the petitioner submitted that the petitioner had applied for issuance of a passport. However, the respondent has not processed the application on the ground that a criminal case is pending against the petitioner. Aggrieved by the same, the present Writ Petition has been filed seeking the aforesaid relief.

5.The learned Government Advocate (Criminal Side) appearing for the second respondent submitted that a charge sheet has already been filed against the petitioner in C.C. No.183 of 2022 on the file of the District Munsif-cum-Judicial Magistrate Court, Singampunari and the criminal case is pending trial. Therefore, the petitioner is required to approach the said Court, obtain appropriate permission and produce the order before the passport authority along with his application, as contemplated under the Passports Act, 1967 and the relevant Rules/Passport Manual. Hence, he prayed for appropriate orders.

6.The learned counsel appearing for the petitioner submitted that the petitioner may be permitted to approach the competent criminal Court for appropriate orders.

7.The issue involved in the present Writ Petition is no longer res integra. The same has been decided by the Full Bench of this Court in W.P(MD)No.26547 of 2025, dated 09.02.2026 [Jawahar Rajan vs. The Regional Passport Officer and another], wherein paragraphs 20 and 21 read as follows: "20.In fine, the question of reference is answered affirmatively that reissue / renewal of a passport has to be treated by the Passport Officer in the same manner as the issuance of a fresh passport. In other words, the rigor of Section 6(2)(f) of the Act subject to exemption under GSR 570(E) dated 25.08.1993 and the instructions in OM dated

10.10.2019 will apply to all applicants either as a fresh application or renewal / reissue.

21.Insofar as the case in hand, on the date of application for passport under TATKAAL scheme a criminal case against the writ petitioner pending trial before the Judicial Magistrate Court No.I, Madurai, in C.C.No.1730 of 2022, after taking cognizance. Therefore, he has to get prior permission of the Court concerned and submit the same along with his application, as contemplated under the Passport Act and Manual."

8.Applying the ratio laid down by the Full Bench of this Court in W.P(MD)No.26547 of 2025, dated 09.02.2026, the petitioner is directed to approach the competent criminal Court, obtain the prior permission of the Court concerned, and submit the order along with his application, as contemplated under the Passport Act and the Passport Manual. Upon such submission, the first respondent shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of the order of the competent criminal Court.

9.With the above directions, this Writ Petition is disposed of. No costs.

13.07.2026 NCC : Yes / No Index : Yes / No PKN To

¶1The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

¶2The Inspector of Police, Singampunari Police Station, Sivagangai District.

M.DHANDAPANI, J. PKN

13.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI Rashmi ... Petitioner Vs 1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002. 2. The Inspector of Police, Singampunari Police Station, Sivagangai District. ... Respondents PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the 1st respondent to issue fresh passport to petitioner by processing petitioner online passport application vide File No. MD1067021165326 dated 17.06.2026 and the 1st respondent received the same on 23.06.2026 within the time frame as fixed by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.G.Sivakumar For Respondents : Mr.M.Mithun (R1) Central Government Standing Counsel : Mr.R.Mohamed Riyaz (R2) Government Advocate (Criminal Side)