K.Dhanaraj Vs The Regional Passport Officer

Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the 1st respondent to process the application of the petitioner and issue fresh passport to the petitioner by considering petitioner application dated 31.07.2025 in Ref.No.25-1057911209 submitted through Passport Seva Kendra, Head Post Office, Bodinayakkanur, Theni District within a time frame that may be fixed by this Court.

¶11

1/6

¶12

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

¶13

W.P.(MD)No.14411 of 2026

¶14

For Petitioner : Mr. A.Rahul For Respondents : Mr.M.Mahendra Prabhu Central Government Standing Counsel for R1 : Mr.R.Mohamed Riyaz, Government Advocate(Crl. Side) for R2

¶15

O R D E R

¶16

The petitioner is before this Court seeking issuance of a writ of mandamus directing the first respondent to renew his passport based on his application in File No. TR2076420597726 dated 17.02.2026.

¶17

The grievance of the petitioner is that, though he has submitted an application for renewal of his 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 criminal cases have been registered against him.

¶18

2/6

¶19

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

¶20

W.P.(MD)No.14411 of 2026

¶21

Mr.R.Mohamed Riyaz, learned Government Advocate (Criminal

¶22

Side), appearing for the 2^nd respondent, on instructions, submitted that an FIR has been registered against the petitioner in Crime No.278 of 2024.

¶23

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

¶24

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.

¶25

In the present case, the only reason cited by the respondents 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

¶26

3/6

¶27

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

¶28

W.P.(MD)No.14411 of 2026

¶29

pending before a competent criminal court.

¶30

Therefore, the action of the first respondent in withholding the petitioner’s application solely on the basis of the registration of FIR is not in consonance with the provisions of the Passports Act, 1967.

¶31

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

¶32

Accordingly, the writ petition is allowed, and the first respondent is directed to process the petitioner’s application for renewal of passport in Ref.No.25-1057911209 dated 31.07.2025 in and issue the passport, subject to the petitioner satisfying all other eligibility criteria prescribed under law.

¶33