Shahul Hameed Abdul Azees v. The Regional Passport Officer

ORDER This Writ Petition has been filed challenging the impugned communication dated 03.06.2026 of the 1st respondent and consequently direct the 1st respondent to consider the petitioner's application for re-issue of passport in file number TR1076833015526 dated 15.05.2026 and representation dated 05.06.2026 of the petitioner within time frame stipulation by this Court.

2.Heard the learned counsel appearing on either side.

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 made an application for reissuance of passport. However, the first respondent by the impugned communication dated 03.06.2026 stated that an adverse police report was received against the petitioner, citing the pendency of Crime No.165 of 1995 stated to be pending in P.R.C.No.25 of 1996 on the file of the Judicial Magistrate, Thiruthuraipoondi and further directed the petitioned to furnish "proof of clearance of the case". Challenging the same, present Writ Petition is filed.

5.The learned Central Government Standing Counsel appearing for the first respondent submitted that, since a case in P.R.C.No.25 of 1996 is pending before the competent criminal Court, the petitioner has to approach the said Court, obtain its prior permission, and produce the order along with his application, as contemplated under the Passport Act and the Passport Manual. Accordingly, 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 impugned order dated

03.06.2026 passed by the first respondent is set aside and 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 allowed. No costs. consequently, connected Miscellaneous Petition is closed.

23.07.2026 NCC : Yes / No Index : Yes / No ps To

1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli – 620 018.

2.The Inspector of Police Muthupettai Police Station, Tiruvarur.

M.DHANDAPANI, J. ps

23.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)No.15467 of 2026 Shahul Hameed Abdul Azees ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli – 620 018. 2.The Inspector of Police Muthupettai Police Station, Tiruvarur. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned communication in Letter Ref.No.OBJ/1055276096/26 dated 03.06.2026 of the 1st respondent and quash the same as illegal and consequently direct the 1st respondent to consider the petitioner's application for re-issue of passport in file number TR1076833015526 dated 15.05.2026 and representation dated 05.06.2026 of the petitioner within time frame stipulation by this Court. For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.P.M.Vishnuvarthanan (R1) Central Government Standing Counsel : Mr.R.Mohamed Riyaz (R2 & R3) Government Advocate (Criminal Side)