W.P(MD)No.18624 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.18624 of 2026 Chokkayee Kandhasamy ... Petitioner(s) vs. 1.The Regional Passport Officer Regional Passport Office Bharathi Ula Veethi Race Course Road Madurai – 625 002 . 2. The Inspector of Police, Oomatchikulam Police Station, Oomatchikulam, Madurai. (Crime No.370 of 2013) ... Respondent(s) 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 reissue the passport of the petitioner considering the application on file No. MD1076546953826 dated 13.03.2026 within in a time limit fixed by this Honble 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.18624 of 2026 Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr. Kabilan For R1 : M/s.T.Saroja, CGSC For R2 : Mr.R.Mohamed Riyaz, Govt. Adv. (Crl. side) O R D E R By consent, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing the respondent to reissue the passport of the petitioner considering the application on file No. MD1076546953826 dated 13.03.2026. 3.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. 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.18624 of 2026 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. 5.The learned counsel appearing for the petitioner submitted that the petitioner may be permitted to approach the competent criminal Court for appropriate orders. 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 Regional Passport Officer and another], wherein paragraphs 20 and 21 read as follows: “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 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.18624 of 2026 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.” 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. 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.18624 of 2026 8.With the above directions, this Writ Petition is disposed of. No costs. 03.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN To 1.The Regional Passport Officer Regional Passport Office Bharathi Ula Veethi Race Course Road Madurai – 625 002 . 2. The Inspector of Police, Oomatchikulam Police Station, Oomatchikulam, Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.18624 of 2026 M.DHANDAPANI ,J. PKN ORDER MADE IN W.P(MD)No.18624 of 2026 DATED : 03.07.2026 6/6 https://www.mhc.tn.gov.in/judis