Siva S v. The Regional Passport Officer

Madras HC27 Jan 2026WP(MD)/1545/2026

Case brief

AI extract

What is this about?

Passport issuance; writ of mandamus under Article 226; mere pendency of FIR not a legal impediment to passport issuance; Crime No.403 of 2019, Orathanadu Police Station, Thanjavur District; charge sheet dated 10.12.2019 not taken on file; Memo of objections; Judicial Magistrate Orathanadu; Regional Passport Officer, Tiruchirappalli; application No.25-1003607681, TR1067525574725 dated 01.04.2025; direction to consider application and pass orders within four weeks; reliance on Mr.W.Jaihar Willam Vs. the State of Tamil Nadu, 2014 8 MLJ 61; W.P.(MD).No.1545 of 2026; disposed of, no costs.

What did the court decide?

First respondent directed to consider the petitioner's passport application and pass orders within four weeks from receipt of a copy of the order; writ petition disposed of with no order as to costs. ¶¶28

Siva S Vs The Regional Passport Officer — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

First respondent directed to consider the petitioner's passport application and pass orders within four weeks from receipt of a copy of the order; writ petition disposed of with no order as to costs.

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Issue for consideration

Whether a writ of mandamus should be issued directing the first respondent to issue/consider the petitioner's passport application dated 01.04.2025. +1 more

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Court's answer

The first respondent (Regional Passport Officer) is directed to consider the writ petitioner's application for issuance of passport and pass orders within a period of four weeks from the date of receipt of a copy of the order.

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Ratio / Principle

Applying this Court's earlier judgment in Mr.W.Jaihar Willam Vs. the State of Tamil Nadu (2014 8 MLJ 61), mere pendency of an FIR/criminal case is not a legal impediment to issuance of a passport; the pending charge sheet (not taken on file) did not bar consideration of the application.

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Detailed headnote1 paragraphs

W.P.(MD).No.1545 of 2026 (Madurai Bench of Madras High Court, R.VIJAYAKUMAR, J., 27.01.2026): Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the Regional Passport Officer, Tiruchirappalli to issue a passport on the petitioner's application (Appl No.25-1003607681, TR1067525574725) dated 01.04.2025. The Government Advocate (Criminal Side) informed the Court that the petitioner is implicated in Crime No.403 of 2019 on the file of the second respondent (Inspector of Police, Orathanadu Police Station); a charge sheet dated 10.12.2019 filed before the learned Judicial Magistrate, Orathanadu has not been taken on file in view of a Memo of objections, and the second respondent has not complied with it. Relying on this Court's judgment in Mr.W.Jaihar Willam Vs. the State of Tamil Nadu, 2014 8 MLJ 61, that mere pendency of an FIR is not a legal impediment to issuance of a passport, the Court directed the first respondent to consider the application and pass orders within four weeks from receipt of a copy of the order. Writ petition disposed of; no order as to costs.

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W.P.(MD).No.1545 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.01.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.1545 of 2026

S.Siva

... Petitioner

Vs.

The Regional Passport Officer, Regional Passport Office, Tiruchirapalli Municipal Water Tank Buildings,

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W.B.Road, Tiruchirappalli – 620 008.

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The Inspector of Police, Orathanadu Police Station, Thanjavur District – 614 625. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the first respondent to issue passport to the petitioner vide Appl No.25-1003607681, TR1067525574725, dated 01.04.2025 within a stipulated time.

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For Petitioner : M/s.R.Thenmozhi For R2 : Mrs.M.Aasha Government Advocate (Criminal Side)

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

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W.P.(MD).No.1545 of 2026

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O R D E R

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The present Writ Petition has been filed seeking a Mandamus as against

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the first respondent to consider the petitioner's application for issuance of passport based upon his application dated 01.04.2025.

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The learned Government Advocate (Criminal Side) appearing for the second respondent brought to the notice of this Court that the petitioner has been implicated in a criminal case in Crime No.403 of 2019 on the file of the second respondent, which has culminated in filing of a charge sheet dated 10.12.2019 before the learned Judicial Magistrate, Orathanadu. In view of the Memo of objection raised by the concerned court, charge sheet has not been taken on file. The second respondent, so far has not taken any steps to comply with the Memo of objections.

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This Court in a judgment reported in 2014 8 MLJ 61 (Mr.W.Jaihar

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Willam Vs.the State of Tamil Nadu) has held that mere pendency of FIR would not be a legal impediment for issuance of passport.

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2/4

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

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W.P.(MD).No.1545 of 2026

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4. In view of the above said facts, the first respondent is directed to

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consider the application of the writ petitioner for issuance of passport and pass orders within a period of four weeks from the date of receipt of a copy of

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