Karthik Kumar Vs The Regional Passport Officer (Madurai)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1^st respondent to issue the passport to the petitioner based on his Application No.MD1076406144626 dated 16.02.2026 for issuance of the passport within the stipulated time as may be fixed by this Court.

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For Petitioner :Mr.M.Alexander Devanesan For R1 :Mr.M.Mithun Central Government Standing Counsel For R2 :Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.10896 of 2026

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O R D E R

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The petitioner is before this Court seeking issuance of a Writ of

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Mandamus directing the first respondent to issue a passport to the petitioner based on the petitioner’s application bearing Application No.MD1076406144626 dated 16.02.2026.

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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 Court No.VI, Madurai, in P.R.C.No.77 of 2017.

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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

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https://www.mhc.tn.gov.in/judis

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1967.

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W.P.(MD)No.10896 of 2026

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with the passport application, as contemplated under the Passport Act, 1967.

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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.

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