Kuzhantheswaran Vs The Regional Passport Officer

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 process petitioner’s File No.TR1066380395926 dated 26.02.2026 and issue passport to the petitioner.

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For Petitioner :Mr.V.Vishnu For R1 :Mr.P.Sivachandran Central Government Standing Counsel For R2 :Mr.R.Mohamed Riyaz Government Advocate (Crl.side) *****

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

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W.P.(MD)No.13967 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 Mandamus directing the first respondent to issue a fresh passport based upon his application in File No. TR1066380395926 dated 26.02.2026.

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The grievance of the petitioner is that, though an application has been submitted for issuance of a fresh passport, the same has not been processed by the first respondent. According to the petitioner, the application has been kept pending on the ground that a criminal case has been registered against him.

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Mr. R. Mohamed Riyaz, learned Government Advocate (Criminal Side) appearing for the second respondent, on instructions, submitted that a criminal case has been registered against the petitioner in Cr.No.138 of 2023, and a charge sheet has also been filed; however, cognizance has not yet been taken.

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W.P.(MD)No.13967 of 2026

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

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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 in the circumstances 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 criminal court in India.

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In the present case, the only reason cited by the first respondent is the registration of an FIR against the petitioner. However, mere registration of an 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.

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Therefore, the action of the first respondent in withholding the petitioner’s application solely on the basis of the registration of an FIR is

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W.P.(MD)No.13967 of 2026

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not in consonance with the provisions of the Passports Act, 1967.

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In view of the above, this Court finds merit in the petitioner’s contention.

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Accordingly, the writ petition is allowed and the first respondent is directed to process the petitioner’s application for issuance of a fresh passport bearing File No. TR1066380395926 dated 26.02.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria prescribed under law.

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