Subramanian v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Subramanian .. Petitioner - Vs. -

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

2. The Inspector of Police, Achanpudur Police Station, Tenkasi District.

.. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, or any other appropriate Writ, Order, Direction directing the 1st respondent to issue passport to the petitioner by considering his application dated 16.04.2026 in File No. MD2076686908926 within the time limit stipulated by this Court.

For Petitioner :Ms.M.Nivedhitha 1/6

For R1 :Mr.R.Ramanatha Sethupathi Central Government Standing Counsel For R2 : Mr.R.Mohamed Riyaz, Government Advocate(Criminal 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 File No. MD2076686908926 dated 16.04.2026.

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, Shenkottai, in S.T.C. No. 962 of 2023.

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 2/6

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 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. In the event of trial Court granted permission to the petitioner for issuance of the passport, the first respondent shall process the application of the petitioner and pass appropriate orders on merits in accordance with law within a period of three (3) weeks from the date of fresh application submitted by the petitioner. 3/6

5. There shall be no order as to costs.

Index :Yes / No 09.06.2026 Internet :Yes / No NCC :Yes / No PJL To

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

2. The Inspector of Police, Achanpudur Police Station, Tenkasi District.

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HEMANT CHANDANGOUDAR, J.

PJL 09.06.2026 6/6