Seyadali v. The Regional Passport Officer

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 / renew the petitioner's Passport bearing No.L2334968 by processing Passport Re-Issue Application No.26-1051688024, by considering the representation dated on 21.07.2026.

2.Heard the learned counsel for the parties.

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 passport. However, the application has not been processed on the ground that criminal case is pending against the petitioner.

5.The learned Government Advocate (Criminal Side) appearing for the second respondent submitted that no case is pending against the petitioner.

¶6Even mere pendency of FIR cannot be a bar to the consideration of the petitioner's application for the issuance of a passport by the first respondent.

7.The issue involved in the present case is no longer res integra. An identical issue has already been decided by the Hon'ble First Bench of this Court in W.A.No.902 of 2023 [The Regional Passport Officer, Chennai v. Samsudeen Mohamed Salih and another], by judgment dated 02.06.2023, the relevant portion of which is extracted hereunder: ''5. A Division Bench of the Bombay High Court, in the case of Abbas Hatimbhai Kagalwala v. State of Maharashtra and another, 2022 SCC OnLine Bom 1992, to which one of us (S.V.Gangapurwala, CJ.) was a party, has followed the judgment of the Apex Court in the case of Vangala Kasturi Rangacharyulu, supra and directed the respondent therein to process the application of the petitioner for renewal of the passport.

¶6The contention of learned counsel for the appellant that the first respondent cannot travel abroad without the permission of the Court where the criminal case is pending, would not be an impediment for the passport authority to consider the application for renewal of the passport. No doubt, if the first respondent has to travel abroad and the criminal case is pending, then unless the Magistrate or the Sessions Court where the criminal case is pending permits the first respondent to travel abroad, he cannot travel abroad.

¶7In the light of the above, we pass the following order:

(i) The writ appellant shall process the application of the first respondent for renewal of passport without insisting for permission of the Court, where a criminal case is pending against the first respondent. If the first respondent is travelling abroad, then the first respondent would be required to seek permission from the Court where the criminal case is pending.

(ii) Decision shall be taken as above, within one month.''

8.Following the aforesaid decision, the first respondent is directed to process the petitioner's passport application and take an appropriate decision on the application, on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

¶9With the above directions, this writ petition stands disposed of. No costs.

07.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN To

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

¶2State of Tamilnadu Rep. By, The Superintendent of Police, Tenkasi District, Tenkasi.

¶3State of Tamillnadu Rep By, The Inspector of Police, Puliyangudi Police Station, Tenkasi District. M.DHANDAPANI

,J.

PKN DATED : 07.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI Seyadali ... Petitioner(s) vs. 1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai-625 002. 2. State of Tamilnadu Rep. By, The Superintendent of Police, Tenkasi District, Tenkasi. 3. State of Tamillnadu Rep By, The Inspector of Police, Puliyangudi Police Station, Tenkasi District. ... Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondent No.1 to re-issue / renew the petitioners Passport bearing No.L2334968 by processing Passport Re-Issue Application No.26-1051688024, by considering the representation dated on 21.07.2026. For Petitioner : Mr. SMA. Jinnah For R1 : Mr.K.Maharajan, CGSC For R2 & R3 : Mr.R.Mohamed Riyaz, G.A (Crl. side)