Mahalingam v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.(MD)No.10744 of 2026 and W.M.P.(MD)No.8423 of 2026 Mahalingam ... Petitioner vs.

1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar 7th Cross, Thiruchirappalli-620 018 Trichy District.

2.The State Rep. By The Inspector of Police, Pudukottai Town Police Station, Pudukottai District.

(Crime No.171 of 2024) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings in Letter Ref. No. OBJ/320753371/25 dated 15.02.2025 and quash the same as illegal and consequently, to direct the 1st respondent to reissue/renew the passport of the petitioner bearing Passport No. G6225210 based on his Application No. TR2076778199524 dated 24.07.2024.

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For Petitioner :Ms.M.Benazir Begum For R1 :Mr.K.Sankara Raman For R2 :Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) *****

O R D E R

The petitioner assails the impugned show cause notice issued by the first respondent and for a direction to direct the first respondent to renew the passport based on his Application No. TR2076778199524 dated 24.07.2024.

2. The petitioner's passport was not renewed stating that a criminal case is pending against the petitioner in S.T.C.No.208 of 2025 on the file of the Judicial Magistrate Court No.1, Pudukottai and the said refusal is not inconformity with Section 6(2)(f) of the Passport Act, 1967.

3. The Hon'ble Full Bench of this Court in W.P.(MD) No. 26547 of 2025, while answering a reference as to whether the re-issue/renewal of a passport should be treated in the same manner as the issuance of a fresh passport or merely as a case of renewal, held that the re-issue/renewal of 2/5

a passport must be treated in the same manner as the issuance of a fresh passport. However, liberty was granted to the petitioner therein to obtain prior permission from the concerned Court and submit the same along with the passport application, as contemplated under the Passport Act, 1967.

4. In view of the above, this Writ Petition is disposed of granting liberty to the petitioner to approach the jurisdictional Court, where the criminal case is pending, and file an appropriate application seeking permission for issuance/renewal of the passport. If such an application is filed, the criminal Court concerned shall consider and pass appropriate orders within a period of four weeks from the date of filing of the application.

5. There shall be no order as costs. Consequently, connected Miscellaneous Petitions are closed.

Index :Yes / No 17.04.2026 NCC :Yes / No cmr 3/5

To The Inspector of Police, Pudukottai Town Police Station, Pudukottai District.

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HEMANT CHANDANGOUDAR, J.

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