Sakthivel Muthusamy v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-06-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP No.17886 of 2026 and WMP No.19218 of 2026 Sakthivel Muthusamy ..Petitioner Vs
1. The State of Tamil Nadu Represented by its Secretary to Government, Home Department, Fort St. George, Chennai-600 009.
2. The Inspector of Police, Ramanatham Police Station, Perambalur District.
3. The Regional Passport Officer, New Municipal Complex, 7th Cross, Thillai Nagar, Thiruchirapalli.
..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, calling for the records of the third respondent in Letter Reference No.OBJ/1049130071/25 dated 14.5.2025, quash the same and consequently direct third respondent to renew the petitioner's passport in accordance with law.
For Petitioner :
Mr.T.Dharani For Respondents :
Mr.J.V.Sakthi Balakrishnan for Government for R1 and R2 Mr.K.K.Muralitharan Central Government Standing Counsel for R3
ORDER
The writ petition is filed challenging the Letter in Reference No.OBJ/1049130071/25 dated 14.05.2025 of the third respondent and consequently direct third respondent to renew petitioner's passport in accordance with law.
2. At the outset, learned counsel for respondents would submit that the issue stands covered by a Full Bench judgment of this Court in W.P.No.(MD) No.26547 of 2025 dated 27.01.2026 and they would place reliance on the following paragraphs:
"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."
3. On this being pointed out, learned counsel for petitioner would only seek leave of this Court to obtain prior permission before the court concerned.
4. In view thereof, it is open to petitioner to work out his remedy in the manner known to law.
5. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 05-06-2026 Index: Yes/No Speaking/Non-speaking order MRN
To
1. The Secretary to Government, The State of Tamil Nadu Home Department, Fort St. George, Chennai-600 009.
2. The Inspector of Police Ramanatham Police Station, Perambalur District.
3. The Regional Passport Officer, New Municipal Complex, 7th Cross, Thillai Nagar, Thiruchirapalli.
MOHAMMED SHAFFIQ, J.
MRN WP No.17886 of 2026 05-06-2026