Kalyana Sundaram v. The Regional Passport Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Kalyana Sundaram ... Petitioner vs.

1.The Regional Passport Officer, Regional Passport Office, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.

2.The Inspector of Police, Salaigramam Police Station, Salaigramam, Sivagangai District.

... 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 reissue passport to the petitioner, which is pending in file no. MD1076112810925 by considering the petitioner's representation dated .03.2024 within the time limit that may be stipulated by this Court. For Petitioner :Mr.M.S.Jeyakarthick For R1 :Ms.T.Saroja Central Government Standing Counsel For R2 :Mr.R.Mohamed Riyaz Government Advocate (Crl.side) ***** 1/4

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 the passport to the petitioner based on the petitioner's application bearing File No. MD1076112810925.

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, Ilayankudi, in C.C. No. 178 of 2017.

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 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 2/4

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. No costs.

Index :Yes / No 03.06.2026 Internet :Yes / No NCC :Yes / No cmr To The Inspector of Police, Salaigramam Police Station, Salaigramam, Sivagangai District.

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HEMANT CHANDANGOUDAR, J.

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