Vengatesh v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2026

CORAM

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

1. The Regional Passport Officer, Regional Passport Office, New Commercial Complex, Thillai Nagar 7th Cross, Trichy District.

2. The State of Tamil Nadu, Represented by Inspector of Police, Nadu Kaveri Police Station, Thanjavur District.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to impugned proceeding bearing Letter Reference No.OBJ/1055352212/26 dated 08.06.2026 and quash the same as illegal, consequently directing the 1st respondent herein to process and re-issue the passport to the petitioner in respect of passport Application No.TR1076891344826 in the light of petitioner's representation dated 1/6

10.06.2026, within a stipulated period as may be fixed by this Court. For Petitioner :Mr.R.Sakthivel For R1 :Mr.S.Selvakrishnan Central Government Standing Counsel For R2 :Mr.M.R.Mohamed Riyaz Government Advocate (Crl.side)

O R D E R

The petitioner is before this Court challenging the impugned letter issued by the 1st respondent vide proceedings in Letter Reference No.OBJ/1055352212/26 dated 08.06.2026 for renewal of his passport.

2. The petitioner's request for renewal of his passport has been rejected by the first respondent on the ground that a criminal case is pending against the petitioner and the petitioner has been called upon to furnish the proof of clearance of the criminal case registered against the petitioner in Crime No.356 of 2025.

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3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. 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 on the grounds 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 competent criminal court in India.

5. In the present case, the only reason cited by the respondent is the registration of FIR against the petitioner. However, mere registration of FIR does not fall within the grounds contemplated under Section 6 of the Act. The statutory bar arises only when criminal proceedings are pending before a competent criminal court.

6. Therefore, the action of the first respondent in withholding the petitioner's application solely on the basis of the registration of FIR is 3/6

not in consonance with the provisions of the Passports Act, 1967. In light of the above, the communication issued by the first respondent is arbitrary and discriminatory and liable to be set aside.

7. Accordingly, the impugned letter dated 08.06.2026 issued by the first respondent is hereby set aside and the Writ Petition is disposed of by directing the first respondent to process the petitioner's application for renewal of passport in Application No.TR1076891344826 dated 27.05.2026 and reissue the passport, subject to the petitioner satisfying all other eligibility criteria prescribed under law.

8. The above exercise shall be completed within a period of four(4) weeks from the date of receipt of a copy of this order. 9.There shall be no order as to costs.

Index :Yes / No 17.06.2026 Internet :Yes / No NCC :Yes / No PJL Note:Issue order copy on 23.06.2026.

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To

1. The Regional Passport Officer, Regional Passport Office, New Commercial Complex, Thillai Nagar 7th Cross, Trichy District.

2. The State of Tamil Nadu, Represented by Inspector of Police, Nadu Kaveri Police Station, Thanjavur District.

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HEMANT CHANDANGOUDAR, J.

PJL 17.06.2026 6/6