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

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

What the court decided

AI extract

Outcome

Writ petition allowed; show cause notice dated 10.03.2026 issued by the first respondent set aside; first respondent directed to process the petitioner's application dated 08.02.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria, completing the exercise within four weeks from receipt of a copy of the order; no costs.

Issue for consideration

Whether mere registration of an FIR against the petitioner (without criminal proceedings pending before a criminal court) is a permissible ground under Section 6 of the Passports Act, 1967 for the Regional Passport Officer to withhold/process-refuse the petitioner's passport application, rendering the show cause notice dated 10.03.2026 unsustainable.

Court's answer

Refusal to issue or renew a passport is governed by the provisions of the Passports Act, 1967, under which the Passport Authority is empowered to refuse issuance or renewal only in the circumstances specifically enumerated therein, one such ground being pendency of proceedings in respect of an offence alleged against the applicant before a criminal court in India.

Ratio / Principle

Mere registration of an FIR against the petitioner does not fall within the grounds contemplated under Section 6 of the Passports Act.

Key takeaways

The statutory bar under the Passports Act arises only when criminal proceedings are pending before a competent criminal court.ratio¶29
The action of the first respondent in withholding the petitioner's application solely on the basis of the registration of an FIR is not in consonance with the provisions of the Passports Act, 1967.ratio¶30
The impugned show cause notice dated 10.03.2026 is not legally sustainable.ratio

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P.(MD)No.8220 of 2026, decided 26.03.2026 by Hemant Chandangoudar, J. — The Regional Passport Officer, Madurai withheld the petitioner Thaha Ummal's passport application (dated 08.02.2026, seeking re-issue of Passport No.P1311935) following an adverse report from the Station House Officer, Arumuganeri Police Station, and issued a show cause notice dated 10.03.2026 citing registration of a criminal case (FIR) against her in Crime No.297 of 2024. Holding: under Section 6 of the Passports Act, 1967, the Passport Authority may refuse issuance or renewal only on grounds specifically enumerated therein, one being criminal proceedings actually pending before a criminal court in India; mere registration of an FIR is not such a ground, and the statutory bar arises only when criminal proceedings are pending before a competent criminal court. Withholding the application solely on the basis of FIR registration is therefore not in consonance with the Passports Act, 1967, and the show cause notice is not legally sustainable. Disposition: writ petition allowed; show cause notice dated 10.03.2026 set aside; first respondent directed to process the application dated 08.02.2026 and issue the passport subject to other eligibility criteria, within four weeks; no costs.

W.P(MD)No.8220 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 26.03.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

W.P.(MD)No.8220 of 2026

Thaha Ummal

... Petitioner

vs.

1.The Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Station House Officer, Arumuganeri Police Station, Tuticorin District. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1^st respondent to re-issue the petitioner's passport in Passport No.P1311935 within the time that may be stipulated by this court.

For Petitioner :Mr.M.Mahaboob Athiff For R1 :Mr.M.Murugan Central Govt. Standing Counsel For R2 :Mr.M.Vaikkam Karunanithi Government Advocate (crl.side) *****

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W.P(MD)No.8220 of 2026

O R D E R

The petitioner is before this Court challenging the show cause notice dated 10.03.2026 issued by the first respondent.

By the said notice, the petitioner has been called upon to appear in person and submit relevant documents before the Enquiry Officer at the Passport Office in connection with an adverse report received from the second respondent.

The petitioner’s application for issuance of passport has not

been processed on the ground that a criminal case has been registered against her in Crime No.297 of 2024.

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

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

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W.P(MD)No.8220 of 2026

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.

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

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

In view of the above, this Court finds that the impugned show cause notice is not legally sustainable.

Accordingly, the writ petition is allowed and the show cause notice dated 10.03.2026 issued by the first respondent is set aside. The

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W.P(MD)No.8220 of 2026

first respondent is directed to process the petitioner’s application dated 08.02.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria.

The above exercise shall be completed within a period of four

(4) weeks from the date of receipt of a copy of this order.

11.No costs.

Index :Yes / No 26.03.2026 Internet :Yes / No NCC :Yes / No

skn

To 1.The Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Station House Officer, Arumuganeri Police Station, Tuticorin District.

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W.P(MD)No.8220 of 2026

HEMANT CHANDANGOUDAR, J.

skn

W.P.(MD)No.8220 of 2026

26.03.2026

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