W.P(MD)No.20490 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.20490 of 2026 and W.M.P(MD)No.15174 of 2026 Kalandar Appas ... Petitioner Vs 1.The Regional Passport Officer, The Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002. 2.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram, Ramanathapuram District. 3.The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District. 4.The Inspector of Police, Karaikal Town Police Station, Karaikal, Puducherry, (In Crime No. 77 of 2025). ... Respondents 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20490 of 2026 PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned notice in Letter Ref. No.SCN/1053442760/26 dated 23.01.2026 passed by the respondent No.1 and quash the same as illegal, consequently directing the respondent No.1 to issue passport to the petitioner forthwith based on his application in File No. MDA076198615126 dated 07.01.2026. For Petitioner : Mr.M.J.Ameer Hussain For Respondents : Mr.R.Mohamed Riyaz (R2 to R4) Government Advocate (Criminal Side) ORDER 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 Writ of Certiorarified Mandamus and quash the impugned notice in Letter Ref. No.SCN/1053442760/26 dated 23.01.2026 passed by the respondent 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20490 of 2026 No.1 and consequently to direct the respondent No.1 to issue passport to the petitioner forthwith based on his application in File No. MDA076198615126 dated 07.01.2026. 3.The learned counsel appearing for the petitioner submitted that the petitioner made application an dated 07.01.2026 for issuance of passport, while so, the petitioner received the impugned communication calling upon the petitioner to provide suitable explanation regarding the pendency of the criminal case, pursuant to which, the petitioner gave his explanation in person, however, there is no response. The learned counsel further submitted that the issue involved in the present case is no longer res integra and that similar issue has already been decided by the Hon'ble First Bench of this Court in W.A.No.902 of 2023 dated 02.06.2023. 4.It is seen from the record that, as against the petitioner, a criminal case in Crime No.77 of 2025 is pending and the case is under 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20490 of 2026 investigation and hence the first respondent issued the impugned communication and further submitted that it is only a communication calling for explanation from the petitioner. 5.The issue involved in the present case is no longer res integra. Similar issue has already been decided by the Hon'ble First Bench of this Court in W.A.No.902 of 2023 [The Regional Passport Officer, Chennai Vs. Samsudeen Mohamed Salih and another] dated 02.06.2023, the relevant portion of which is extracted hereunder: ''5.A Division Bench of the Bombay High Court, in the case of Abbas Hatimbhai Kagalwala v. State of Maharashtra and another, 2022 SCC OnLine Bom 1992, to which one of us (S.V.Gangapurwala, CJ.) was a party, has followed the judgment of the Apex Court in the case of Vangala Kasturi Rangacharyulu, supra and directed the respondent therein to process the application of the petitioner for renewal of the passport. 6. The contention of learned counsel for the appellant that the first respondent cannot travel abroad 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20490 of 2026 without the permission of the Court where the criminal case is pending, would not be an impediment for the passport authority to consider the application for renewal of the passport. No doubt, if the first respondent has to travel abroad and the criminal case is pending, then unless the Magistrate or the Sessions Court where the criminal case is pending permits the first respondent to travel abroad, he cannot travel abroad. 7. In the light of the above, we pass the following order: (i) The writ appellant shall process the application of the first respondent for renewal of passport without insisting for permission of the Court, where a criminal case is pending against the first respondent. If the first respondent is travelling abroad, then the first respondent would be required to seek permission from the Court where the criminal case is pending. (ii) Decision shall be taken as above, within one month.'' 6.Following the decision cited supra, this Court is inclined to set aside the impugned communication. Accordingly, the communication in Letter Ref. No.SCN/1053442760/26 dated 23.01.2026 of the first respondent 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20490 of 2026 is set aside. The first respondent is directed to process the application of the petitioner without insisting the permission of the Court, where the investigation is pending against the petitioner and take appropriate decision, within a period of four weeks from the date of receipt of a copy of this order. If the petitioner wants to travel abroad, then the petitioner has to get necessary permission from the Court where the criminal case is pending against the petitioner. 7.With the above observations and directions, the writ petition stands allowed. No costs. consequently, connected Miscellaneous Petition is closed. 20.07.2026 NCC : Yes / No Index : Yes / No ps 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20490 of 2026 To 1.The Regional Passport Officer, The Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002. 2.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram, Ramanathapuram District. 3.The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District. 4.The Inspector of Police, Karaikal Town Police Station, Karaikal, Puducherry, 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20490 of 2026 M.DHANDAPANI, J. ps W.P(MD)No.20490 of 2026 20.07.2026 8/8 https://www.mhc.tn.gov.in/judis