Syed Ibrahim v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Syed Ibrahim ... Petitioner vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ulla Veethi, Race Course Road, Madurai District.

2.The Superintendent of Police, O/o.Superintendent of Police, Ramanathapuram District.

3.The Inspector of Police, Melaparthibanur Police Station, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the Respondent No.1 to process and issue the passport bearing No.PO198060 up on pending File No.MD1075529180425 to the petitioner by considering petitioner's representation dated 27.02.2026.

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For Petitioner :Mr.SMA.Jinnah For R1 :Mr.A.Balaji Central Government Standing Counsel For R2 and R3 :Mr.M.Vaikkam Karunanithi Government Advocate (crl.side) *****

O R D E R

The petitioner is before this Court seeking issuance of a Writ of Mandamus directing the first respondent to re-issue his passport based on the application submitted in File No. MD1075529180425 dated 27.02.2026.

2.The grievance of the petitioner is that, though an application has been submitted for re-issuance of passport, the same has not been processed by the first respondent. According to the petitioner, the application has been kept pending on the ground that the police verification report is under review at the Regional Passport Office. 3.Mr. M. Vaikkam Karunanithi, learned Government Advocate (Criminal Side) appearing for respondents 2 and 3, on instructions, submitted that no criminal case has been registered against the petitioner 2/6

and that no criminal proceedings are pending against him before any criminal Court in India.

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 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 first respondent is that the police verification report is under review by the first respondent. However, the learned Government Advocate for respondents 2 and 3 submitted that no criminal case has been registered against the petitioner. The statutory bar arises only when criminal proceedings are 3/6

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 review of the police verification report is not in consonance with the provisions of the Passports Act, 1967.

8.In view of the above, this Court finds merit in the petitioner's contention.

9.Accordingly, the writ petition is allowed and the first respondent is directed to process the petitioner's application for re-issuance of passport bearing File No. MD1075529180425 dated 27.02.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria prescribed under law.

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

(4) weeks from the date of receipt of a copy of this order. 4/6

12. There shall be no order as to costs.

Index :Yes / No 27.04.2026 Internet :Yes / No NCC :Yes / No cmr To 1.The Superintendent of Police, O/o.Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Melaparthibanur Police Station, Ramanathapuram District.

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HEMANT CHANDANGOUDAR, J.

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