W.P(MD)No.20457 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.20457 of 2026 and W.M.P(MD)No.15158 of 2026 R.Rajesh, S/o.Rajendran, Now residing at, Bahla Wilayah, Jibreen Village, Oman, Muscat Country. Rep. by his power agent, R.Anjalidevi, W/o.Rajesh, No.507, Chinna Street, Mullangudi, Thiruvidaimarudur Taluk, Thanjavur District. ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, 7th Cross, Tiruchirappalli, Trichy District. 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20457 of 2026 2.The Inspector of Police, Pandanallur Police Station, Thanjavur District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the letter dated 11.09.2025 in File No.OM0075537619125, Letter Ref.No.CNO/1050048572/25 issued by the first respondent and quash the same and consequently, directing to the first respondent to re-issue/renew the petitioner's husband's passport bearing No.M5714274 within the period that may be stipulated by this Court. For Petitioner : Mr.V.G.Vallarasu Chezhiyan For Respondents : Mr.R.Senthil Kumar (R1) Central Government Standing Counsel : Mr.R.Mohamed Riyaz (R2) Government Advocate (Criminal Side) ORDER By consent, the writ petition is taken up for final disposal at the admission stage itself. 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20457 of 2026 2.The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus and quash the letter dated 11.09.2025 issued by the first respondent and consequently, to direct to the first respondent to re-issue/renew the petitioner's husband's passport bearing No.M5714274 within the period stipulated by this Court. 3.The learned counsel appearing for the petitioner submitted that the petitioner's husband was issued a passport on 04.03.2015, which remained valid up to 03.03.2025. Upon the expiry of the passport, the petitioner submitted an online application before the first respondent for its re-issue on behalf of her husband. Thereafter, the petitioner's husband appointed the petitioner as his Power of Attorney Agent. While processing the said application, the first respondent issued a show cause notice dated 11.09.2025, calling upon the petitioner to furnish an explanation, on the ground that a criminal case against her husband was pending at the F.I.R. stage. 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20457 of 2026 4.It is seen from the record that, as against the petitioner, a criminal case in Crime No.153 of 2024 is pending on the file of the second respondent and the case is under investigation. 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 without the permission of the Court where the criminal 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20457 of 2026 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 File No.OM0075537619125, Letter Ref.No.CNO/1050048572/25 dated 11.09.2025 of the first respondent is set aside. The first respondent is 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20457 of 2026 directed to process the application of the petitioner without insisting the permission of the authority, where the investigation is pending against the petitioner and take appropriate decision, within a period of six 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.20457 of 2026 To 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, 7th Cross, Tiruchirappalli, Trichy District. 2.The Inspector of Police, Pandanallur Police Station, Thanjavur District. 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.20457 of 2026 M.DHANDAPANI, J. ps W.P(MD)No.20457 of 2026 20.07.2026 8/8 https://www.mhc.tn.gov.in/judis