Raja Sankaralingam v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.(MD)No.8946 of 2026 Raja Sankaralingam ... Petitioner Vs.

1.The Regional Passport Officer Regional Passport Office, Bharathi Ula Road, Race Course Road, Madurai - 2.

2.The State of Tamil Nadu Rep. by the Inspector of Police, Somanathapuram Police Station, Sivagangai 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 issue a passport to the petitioner on the basis of the petitioner's application dated 25.02.2026 pending in File No.MD2066499605726 before the 1st respondent.

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For Petitioner : Mr.S.Yogeswaran For Respondents : Mr.B.Ponnupandi - for R1 Central Government Standing Counsel Mr.M.Vaikkam Karunanithi - for R2 Government Advocate *****

O R D E R

The petitioner is before this Court seeking a direction to the second respondent to issue passport pursuant to his application dated 25.02.2026 bearing No. MG2066499605726.

2. The petitioner's application has not been processed on the ground that a criminal case has been registered against him and is pending investigation. The refusal to issue passports is governed by Section 6 of the Passports Act.

3. The mere registration of a criminal case, which is still under investigation, is not one of the grounds enumerated under Section 6 of the Act for refusal of passport. In the absence of any statutory bar, the 2/5

non-processing of the petitioner's application is arbitrary and unsustainable. Therefore, the petitioner is entitled to issuance of passport, subject to fulfilment of the other requirements.

4. Accordingly, this writ petition is allowed and the first respondent is directed to process the petitioner's application dated 25.02.2026 bearing No. MG2066499605726 and issue passport, subject to the petitioner satisfying all other eligibility criteria. The said exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. No costs.

02.04.2026 Index :Yes / No NCC :Yes / No rm 3/5

To 1.The Regional Passport Officer Regional Passport Office, Bharathi Ula Road, Race Course Road, Madurai - 2.

2.The State of Tamil Nadu Rep. by the Inspector of Police, Somanathapuram Police Station, Sivagangai District.

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HEMANT CHANDANGOUDAR, J.

rm W.P.(MD)No.8946 of 2026 02.04.2026 5/5