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

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

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to submit a fresh application for re-issuance of passport; the first respondent to consider it on its own merits and pass appropriate orders in accordance with law without reference to the registration of the crime against the petitioner, completing the exercise within four weeks of the fresh application; no costs; connected miscellaneous petition closed.

Issue for consideration

Whether the petitioner's passport application may lawfully be refused or left unprocessed on the ground that a criminal case against him is pending investigation, given that refusal to issue or renew a passport is governed by Section 6 of the Passport Act. +1 more

Court's answer

The registration of a crime which is pending investigation is not one of the grounds enumerated in Section 6 of the Passport Act for refusal to issue or re-issue a passport.

Ratio / Principle

In the absence of a statutory bar, the petitioner cannot be held ineligible for re-issuance of passport merely because a crime against him is pending investigation.

Key takeaways

The writ petition is disposed of, reserving liberty to the petitioner to submit a fresh application for re-issuance of passport; the first respondent shall consider such fresh application on its own merits and pass appropriate orders in accordance with law without reference to the registration of the crime against the petitioner, completing the exercise within four weeks of the fresh application.ratio¶25

Detailed headnote1 paragraphs

Passports – Issuance/re-issuance – Refusal governed by Section 6 of the Passport Act – Registration of a crime pending investigation is not a ground enumerated in Section 6 for refusal to issue or re-issue a passport – In the absence of a statutory bar, applicant cannot be held ineligible – Petitioner's earlier application (dated 11.11.2025, No.TR1075907106625) not processed owing to pending criminal case and closed for non-participation in enquiry pursuant to show cause notice – Writ petition disposed of reserving liberty to petitioner to apply afresh – First respondent (Regional Passport Officer, Tiruchirappalli) to consider fresh application on its own merits in accordance with law without reference to the registered crime, within four weeks of submission – No costs – Connected miscellaneous petition closed – (Hemant Chandangoudar, J.), 07.04.2026.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 07.04.2026

CORAM

THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

W.P.(MD)No.8988 of 2026 and W.M.P(MD)No.7213 of 2026

Arumainathan

.. Petitioner

Vs. -

The Regional Passport Officer,

O/o. the Regional Passport Officer, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli.

The Inspector of Police, Trichy City Sessions Court Police Station, Tiruchirappalli District.

The Inspector of Police, Palakkarai Police Station, Tiruchirappalli District.

.. Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a WRIT OF CERTIORARIFIED MANDAMUS, to call for the records pertaining to the impugned notice dated 11.02.2026 issued by the 1st respondent vide Letter Ref FCL/1053702140/26 and quash the same as illegal and consequently direct the 1st respondent to re-issue passport by processing the application bearing No.TR1075907106625 within a stipulated time period in accordance with law.

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For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.S.Poornachandran Central Government Standing Counsel

ORDER

The petitioner is before this Court seeking for a direction to the first

respondent to issue passport pursuant to the application dated 11.11.2025.

2.The petitioner's application had not been processed citing that a criminal case is registered against the petitioner which is pending investigation. The refusal to issue or renew a passport is governed by the provisions contained in Section 6 of the Passport Act. The registration of a crime which is pending investigation is not one of the grounds enumerated in Section 6 of the Passport Act for refusal to issue or re-issue a passport. In the absence of statutory bar, the petitioner cannot be held to be ineligible for re-issuance of passport.

The learned counsel for the first respondent submitted that the application submitted by the petitioner has been closed since the petitioner did not choose to participate in the enquiry pursuant to the show cause notice.

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In the light of the above, this Writ Petition is disposed of reserving liberty to the petitioner to submit an application afresh for re-issuance of passport and if such an application is filed by the petitioner, the first respondent shall consider the same on its own merits and pass appropriate orders in accordance with law without reference to the registration of the crime against the petitioner. The said exercise shall be completed within a period of four(4) weeks from the date on which the fresh application to be submitted by the petitioner. No Costs. Consequently, connected miscellaneous petition is closed.

07.04.2026

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

PJL

Note:Issue order copy on 08.04.2026.

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HEMANT CHANDANGOUDAR, J.

PJL

To

The Regional Passport Officer, O/o. the Regional Passport Officer, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli.

The Inspector of Police, Trichy City Sessions Court Police Station, Tiruchirappalli District.

The Inspector of Police, Palakkarai Police Station, Tiruchirappalli District.

W.P.(MD)No.8988 of 2026

07.04.2026

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