W.P(MD)No.20567 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.20567 of 2026 and WMP (MD) No.15257 of 2026 Devaeugin ... Petitioner(s) vs. 1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Rd, Near Thamaraithotti Bus Stop, Kk Nagar, Ramaond Reserve Line, Madurai - 625 002. 2. State Rep. by the Inspector of Police, Anjugramam Police Station, Kanyakumari District. ... Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the impugned clarification under Letter Ref. No. SCN/1053934610/26, dated 26.02.2026 and to quash the same as unwarranted and unlawful and further direct 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.20567 of 2026 the 1st Respondent herein to issuance of Passport under File No. MD2066358954026, dated 06.02.2026 to the petitioner herein, within a time frame. For Petitioner : Mr. B.Micheal Sebastin For R1 : Mr.S.Anbu Hariharan, 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 challenging the impugned communication dated 26.02.2026 issued by the first respondent. 3.The learned counsel appearing for the petitioner submitted that the petitioner had applied for the issuance of a passport. However, the first respondent, by communication dated 26.02.2026, declined to process the petitioner's application on the ground that a criminal case is pending against him. Aggrieved by the said communication, the present writ petition has been filed. 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.20567 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 Government Advocate appearing for the second respondent submitted that a charge sheet has already been filed against the petitioner in the said criminal case. 6. The learned counsel appearing for the petitioner submitted that the petitioner may be permitted to approach the competent criminal Court for appropriate orders. 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 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.20567 of 2026 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 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.” 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 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.20567 of 2026 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. 9.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 21.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN To 1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Rd, Near Thamaraithotti Bus Stop, Kk Nagar, Ramaond Reserve Line, Madurai - 625 002. 2. State Rep. by the Inspector of Police, Anjugramam Police Station, Kanyakumari District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.20567 of 2026 M.DHANDAPANI ,J. PKN ORDER MADE IN W.P(MD)No.20567 of 2026 DATED : 21.07.2026 6/6 https://www.mhc.tn.gov.in/judis