Arumainathan v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2026

CORAM

THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.(MD)No.8988 of 2026 and W.M.P(MD)No.7213 of 2026 Arumainathan .. Petitioner - Vs. -

1. The Regional Passport Officer, O/o. the Regional Passport Officer, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli.

2. The Inspector of Police, Trichy City Sessions Court Police Station, Tiruchirappalli District.

3. The Inspector of Police, Palakkarai Police Station, Tiruchirappalli District.

.. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a WRIT OF CERTIORARIFIED MANDAMUS, to call for the records pertaining to the impugned notice dated 11.02.2026 issued by the 1st respondent vide Letter Ref FCL/1053702140/26 and quash the same as illegal and consequently direct the 1st respondent to re-issue passport by processing the application bearing No.TR1075907106625 within a stipulated time period in accordance with law.

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For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.S.Poornachandran Central Government Standing Counsel

ORDER

The petitioner is before this Court seeking for a direction to the first respondent to issue passport pursuant to the application dated 11.11.2025. 2.The petitioner's application had not been processed citing that a criminal case is registered against the petitioner which is pending investigation. The refusal to issue or renew a passport is governed by the provisions contained in Section 6 of the Passport Act. The registration of a crime which is pending investigation is not one of the grounds enumerated in Section 6 of the Passport Act for refusal to issue or re-issue a passport. In the absence of statutory bar, the petitioner cannot be held to be ineligible for re-issuance of passport.

3. The learned counsel for the first respondent submitted that the application submitted by the petitioner has been closed since the petitioner did not choose to participate in the enquiry pursuant to the show cause notice. 2/4

4. In the light of the above, this Writ Petition is disposed of reserving liberty to the petitioner to submit an application afresh for re-issuance of passport and if such an application is filed by the petitioner, the first respondent shall consider the same on its own merits and pass appropriate orders in accordance with law without reference to the registration of the crime against the petitioner. The said exercise shall be completed within a period of four(4) weeks from the date on which the fresh application to be submitted by the petitioner. No Costs. Consequently, connected miscellaneous petition is closed. 07.04.2026 Index :Yes/No Internet :Yes/No NCC :Yes/No PJL Note:Issue order copy on 08.04.2026.

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HEMANT CHANDANGOUDAR, J.

PJL To

1. The Regional Passport Officer, O/o. the Regional Passport Officer, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli.

2. The Inspector of Police, Trichy City Sessions Court Police Station, Tiruchirappalli District.

3. The Inspector of Police, Palakkarai Police Station, Tiruchirappalli District.

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