Siluvai Antony Prakasam 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, to direct the 1st respondent to issue fresh passport in favour of the petitioner by considering his application in File No. MD2065928940925 dated 14.11.2025 within the time stipulated by this Hon'ble Court.

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W.P(MD)No.20520 of 2026 For Petitioner : Mr. K.Sudalaiyandi For R1 : Mr.A.Muthuramalingam, CGSC For R2 : Mr.R.Mohamed Riyaz, Govt. Adv. (Crl. side)

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O R D E R

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By consent, the writ petition is taken up for final disposal at the admission stage itself.

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2.The petitioner has filed this writ petition seeking issuance of a Writ

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of Mandamus directing the respondent to issue fresh passport in favour of the petitioner by considering the application on file No. MD2065928940925 dated 14.11.2025.

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3.The learned counsel appearing for the petitioner submitted that the petitioner had made an application for issuance of 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.

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W.P(MD)No.20520 of 2026

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4.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.

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

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6.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

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

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“ 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

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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 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.”

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7.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.

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

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costs.

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21.07.2026