Thaha Ummal v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.(MD)No.8220 of 2026 Thaha Ummal ... Petitioner vs.

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

2.The Station House Officer, Arumuganeri Police Station, Tuticorin District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to re-issue the petitioner's passport in Passport No.P1311935 within the time that may be stipulated by this court.

For Petitioner :Mr.M.Mahaboob Athiff For R1 :Mr.M.Murugan Central Govt. Standing Counsel For R2 :Mr.M.Vaikkam Karunanithi Government Advocate (crl.side) ***** 1/5

O R D E R

The petitioner is before this Court challenging the show cause notice dated 10.03.2026 issued by the first respondent.

2. By the said notice, the petitioner has been called upon to appear in person and submit relevant documents before the Enquiry Officer at the Passport Office in connection with an adverse report received from the second respondent.

3. The petitioner's application for issuance of passport has not been processed on the ground that a criminal case has been registered against her in Crime No.297 of 2024.

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

5. The refusal to issue or renew a passport is governed by the provisions of the Passports Act, 1967. Under Section 6 of the Act, the Passport Authority is empowered to refuse issuance or renewal of a 2/5

passport only in the circumstances specifically enumerated therein. One such ground is where proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India.

6. In the present case, the only reason cited by the respondents is the registration of an FIR against the petitioner. However, mere registration of an FIR does not fall within the grounds contemplated under Section 6 of the Act. The statutory bar arises only when criminal proceedings are pending before a competent criminal court.

7. Therefore, the action of the first respondent in withholding the petitioner's application solely on the basis of the registration of an FIR is not in consonance with the provisions of the Passports Act, 1967.

8. In view of the above, this Court finds that the impugned show cause notice is not legally sustainable.

9. Accordingly, the writ petition is allowed and the show cause notice dated 10.03.2026 issued by the first respondent is set aside. The 3/5

first respondent is directed to process the petitioner's application dated 08.02.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria.

10. The above exercise shall be completed within a period of four

(4) weeks from the date of receipt of a copy of this order. 11.No costs.

Index :Yes / No 26.03.2026 Internet :Yes / No NCC :Yes / No skn To 1.The Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Station House Officer, Arumuganeri Police Station, Tuticorin District.

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HEMANT CHANDANGOUDAR, J.

skn W.P.(MD)No.8220 of 2026 26.03.2026 5/5