Karthick Vs The Regional Passport Officer

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the first respondent to issue a passport to

¶14

1/7

¶15

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

¶16

W.P(MD)No.18805 of 2026

¶17

the petitioner by considering the application in File No.MD1066518820426, dated 08.04.2026 within the time limit stipulated by this Court.

¶18

For Petitioner : Mr.M.Jegadeesh Pandian

¶19

For R-1 : Mr.G.Ramanathan, Central Government Standing Counsel

¶20

For R-2 and R-3 : Mr.R.Mohamed Riyaz, Government Advocate (Criminal Side)

¶21

ORDER

¶22

This Writ Petition has been filed seeking the issuance of a writ of Mandamus directing the first respondent to issue a passport to the petitioner

¶23

by considering the application in File No.MD1066518820426, dated 08.04.2026 within the time limit stipulated by this Court.

¶24

2. Heard Mr.M.Jegadeesh Pandian, learned counsel appearing for

¶25

the petitioner, Mr.G.Ramanathan, learned Central Government Standing Counsel, who accepts notice on behalf of the first respondent and Mr.R.Mohamed Riyaz, learned Government Advocate (Criminal Side), who accepts notice on behalf of the second and third respondents.

¶26

2/7

¶27

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

¶28

W.P(MD)No.18805 of 2026

¶29

3. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

¶30

4. The learned counsel appearing for the petitioner submitted that the petitioner had made an application for renewal of his passport. However, the same has not been disposed of on the ground that a criminal case is pending against him. Hence, the present Writ Petition has been filed seeking the aforesaid relief.

¶31

5. The learned Central Government Standing Counsel appearing for the first respondent submitted that, since a criminal case is pending before the competent criminal Court, the petitioner has to approach the said Court, obtain its prior permission, and produce the order along with his application, as contemplated under the Passport Act and the Passport Manual. Accordingly, he prayed for appropriate orders.

¶32

3/7

¶33

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

¶34

W.P(MD)No.18805 of 2026

¶35

6. The learned counsel appearing for the petitioner submitted that the petitioner may be permitted to approach the competent criminal Court for appropriate orders.

¶36

7. The issue involved in the present Writ Petition is no longer res integra. The same has been decided by the Full Bench of this Court in W.P(MD)No.26547 of 2025, dated 09.02.2026 [Jawahar Rajan vs. The

¶37

Regional Passport Officer and another] , wherein paragraphs 20 and 21 read as follows:

¶38

“ 20.In fine, the question of reference is answered affirmatively that reissue / renewal of a passport has to be treated by the Passport Officer in the same manner as the issuance of a fresh passport. In other words, the rigor of Section 6(2)(f) of the Act subject to exemption under GSR 570(E) dated 25.08.1993 and the instructions in OM dated 10.10.2019 will apply to all applicants either as a fresh application or renewal / reissue. 21.Insofar as the case in hand, on the date of application for passport under TATKAAL scheme a criminal case against the writ petitioner pending

¶39

4/7

¶40

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

¶41

W.P(MD)No.18805 of 2026

¶42

trial before the Judicial Magistrate Court No.I, Madurai, in C.C.No.1730 of 2022, after taking cognizance. Therefore, he has to get prior permission of the Court concerned and submit the same along with his application, as contemplated under the Passport Act and Manual.”

¶43

8.Applying the ratio laid down by the Full Bench of this Court in W.P(MD)No.26547 of 2025, dated 09.02.2026, the petitioner is directed to approach the competent criminal Court, obtain the prior permission of the Court concerned, and submit the order along with his application, as contemplated under the Passport Act and the Passport Manual. Upon such submission, the first respondent shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of the order of the competent criminal Court.

¶44

9. With the above directions, this Writ Petition is disposed of. No

¶45

costs.

¶46

06.07.2026

¶47

NCC : Yes / No Index : Yes / No

¶48

5/7

¶49

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