Anthony Pitchai v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Anthony Pitchai ... Petitioner vs.

1.The Regional Passport Officer, Regional Passport Offce, Bharathi Ula Veethi, Race Course Road, Madurai-625 002 2.The Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District-623 526.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1st respondent to issue a passport to the petitioner, based on the petitioner's passport Applications File No MD1065958278825, dated 20.11.2025, and consequently representation on 18.04.2026, within a stipulated time that may be fixed by this Court.

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For Petitioner :Mr.R.Senthilkumar For R1 :Mr.M.Gnanagurunathan Central Government Standing Counsel For R2 :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 issue a passport to the petitioner based on the petitioner's application bearing Application No. MD1065958278825, dated 20.11.2025.

2. The petitioner's request for issuance of a passport has not been processed on the ground that a criminal case is pending against the petitioner before the Judicial Magistrate Court, Ramanathapuram, in C.C.No.27 of 2020.

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 to costs.

Index :Yes / No 27.04.2026 Internet :Yes / No NCC :Yes / No cmr 3/5

To The Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District-623 526.

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HEMANT CHANDANGOUDAR, J.

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