Mathuvanthi Vs the Regional Passport Officer — Madras HC (2026) — LawSathi Research

Mathuvanthi Vs the Regional Passport Officer — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the appellant, whose parents are both Sri Lankan nationals, is eligible to secure an Indian passport under the Passports Act without first obtaining registration as a citizen of India under the Citizenship Act. +1 more

Court's answer

Since the Ministry of Home Affairs granted liberty to fulfil the requirements of the Citizenship Act, registration as a citizen must be done at the first instance before the Regional Passport Officer entertains a passport application under the Passports Act; unless the appellant obtains citizenship, she may not be eligible to secure an Indian passport under the Passports Act.

Ratio / Principle

It is for the appellant herself to work out her remedy against the Ministry of Home Affairs order disposing of her citizenship application in the manner known to law; with these observations the Writ Appeal stands dismissed, with no costs.

Detailed headnote1 paragraphs

Citizenship and Passports — Writ Appeal (Clause 15, Letters Patent) dismissed, no costs. The appellant, whose parents are both Sri Lankan nationals, had challenged a show cause notice issued by the Regional Passport Officer under the Passports Act; the learned Single Judge (order dated 14.07.2023) found both parents to be Sri Lankan nationals and directed an application under Section 5 of the Citizenship Act for registration. Pursuant thereto, an application under Section 5(1)(c) of the Citizenship Act, 1955 was registered before the Ministry of Home Affairs but disposed of, with liberty to apply afresh through the Ministry's website fulfilling the requirements of the Act and Rules. Held (S.M. Subramaniam, J.): registration of citizenship must be completed at the first instance before the Regional Passport Officer entertains a passport application under the Passports Act — unless the appellant obtains citizenship, she is not eligible for an Indian passport. As regards the Ministry of Home Affairs disposal order, it is for the appellant to work out her remedy in the manner known to law.

2026:MHC:538

W.A.No.2201 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.A.No.2201 of 2023

Mathuvanthi

...Appellant

Vs.

1.The Regional Passport Officer, Royala Towers, No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai – 600 002.

2.Union of India, Through its Secretary, Ministry of Home Affairs, Near Pragati Madien, New Delhi – 100 001.

3.The Director of Refugees and Rehabilitation, Ezhilagam, Chennai – 600 005.

...Respondents

PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 14.07.2023 passed in W.P.No.4312 of 2023.

For Appellant : Mr.R.Pravesh, for M/s.P.B.Ramanujam and Associates For Respondents : Mr.A.Zakir Hussain, Central Govt. Standing Counsel for Mr.S.Diwakar, Senior Panel Counsel

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W.A.No.2201 of 2023

J U D G M E N T

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

Under assail is the writ order dated 14.07.2023 in W.P.No.4312 of 2022.

2. A show cause notice issued by the Regional Passport Officer under the Passports Act came to be challenged in the Writ proceedings by the appellant/ writ petitioner.

3. The writ Court found that both the parents of the appellant are Srilankan Nationals and therefore an application must be filed under Section 5 of the Citizenship Act for registration.

4. The learned counsel for the appellant would submit that in pursuance to the direction, an application under Section 5(1)(c) of the Citizenship Act, 1955 was registered before the Ministry of Home Affairs, but, the application was disposed of on the ground that the petitioner has to apply for Indian citizenship at Ministry of Home Affairs website under the relevant Sections by fulfilling the requirements under the Act and Rules made thereunder.

5. Since the Ministry of Home Affairs granted liberty to the appellant to submit an application by fulfilling the requirements under the provisions of the Citizenship Act, the said registration must be done at the first instance for the 2/5

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W.A.No.2201 of 2023

purpose of entertaining an application by the Regional Passport Officer under

the Passports Act. Unless the appellant get a citizenship, she may not be eligible to secure an Indian Passport under the Passports Act.

6. The learned counsel for the appellant would seek liberty to challenge the order disposing of the application by the Ministry of Home Affairs.

7. It is for the appellant to workout her remedy in the manner known to

law. With these observations, this Writ Appeal stands dismissed . No costs.

(S.M.S., J.) (C.K., J.) 09.02.2026

dsa Index :Yes/No Neutral Citation :Yes/No Speaking/Non-speaking order

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W.A.No.2201 of 2023

To

1.The Regional Passport Officer, Royala Towers, No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai – 600 002.

2.The Secretary, Union of India, Ministry of Home Affairs, Near Pragati Madien, New Delhi – 100 001.

3.The Director of Refugees and Rehabilitation, Ezhilagam, Chennai – 600 005.

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W.A.No.2201 of 2023

--------------------------- S.M.SUBRAMANIAM, J. and C.KUMARAPPAN, J.

dsa

W.A.No.2201 of 2023

09.02.2026

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