Rajesh Kumar v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Rajesh Kumar ... Petitioner vs.

1.The Regional Passport Officer, Regional Passport Office, Thiruchirappalli New Municipal Complex, Thillai Nagar 7th Cross, Thiruchirappalli - 620 018.

2.The Inspector of Police, Thillai Nagar Police Station, Trichy City.

... 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 consider the petitioner's explanation dated 19.05.2026 in pursuant to the objection Notice issued by the 1st respondent, dated 12.05.2026 and to renew the petitioner's passport No. P0612239 by processing the petitioner's application vide file No.TR2079638227116 - Application Reference No. 26 - 1056474623 and the Passport Authority File No. TR2076661692726 and pass orders within a stipulated time as fixed by this Court.

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For Petitioner :Mr.M.Ajmal Khan Senior Counsel for Mr.N.Ananda Kumar For R1 :Mr.M.Kannan Central Government Standing Counsel For R2 :Mr.R.Mohamed Riyaz 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 the passport to the petitioner based on the petitioner's application bearing No.TR2079638227116 - Application Reference No. 26 - 1056474623 and the Passport Authority File No. TR2076661692726.

2. The petitioner's request for re-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 No.IV, Trichy, in C.C. No. 370 of 2026.

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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 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 one week from the date of filing of the application. The trial Court while passing orders on the application to be submitted by the petitioner, shall take into consideration that the travelling abroad is a fundamental right guaranteed to the citizens of this 3/5

country.

5.There shall be no order as to costs.

Index :Yes / No 12.06.2026 Internet :Yes / No NCC :Yes / No cmr To The Inspector of Police, Thillai Nagar Police Station, Trichy City.

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HEMANT CHANDANGOUDAR, J.

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