W.P(MD)No.22612 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.22612 of 2026 and WMP (MD) No.16865 of 2026 G.Kannan ... Petitioner Vs 1. The Regional Passport Officer, Regional Passport Office, Madurai, Bharathi Ula Vethi, Race Course Road, Madurai 625002. 2. The State of Tamil Nadu, The Inspector of Police, Kottampatti Police Station, Madurai District. (Crime No.266 of 2025) ... Respondents 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 records pertaining to the impugned letter in Letter Ref No. SCN/1056098909/26 1/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.22612 of 2026 dated 24.07.2026 and quash the same as illegal and consequently for a direction directing the 1st Respondent to issue the passport to the petitioner in pending in File No. MD1077119512826. For Petitioner : Mr. K.Dinesh For R1 : Ms.M.Anbarasi, CGSC For R2 : Mr.R.Mohamed Riyaz Government Advocate (Criminal Side) ORDER This Writ Petition has been filed chalenging the impugned letter in Letter Ref No. SCN/1056098909/26 dated 24.07.2026 and consequently to direct the first respondent to issue the passport to the petitioner in pending in File No. MD1077119512826. 2.Heard the learned counsel for the parties. 3.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 2/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.22612 of 2026 4.The learned counsel appearing for the petitioner submitted that the petitioner had applied for issuance of passport. However, the application has not been processed on the ground that criminal case is pending against the petitioner. 5.The learned Government Advocate (Criminal Side) appearing for the second respondent submitted that an FIR is pending against the petitioner and that the same are under investigation. 6. Mere pendency of FIR cannot be a bar to the consideration of the petitioner's application for the issuance of a passport by the first respondent. 7.The issue involved in the present case is no longer res integra. An identical 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 v. Samsudeen Mohamed Salih and another], by judgment 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 3/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.22612 of 2026 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 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. 4/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.22612 of 2026 (ii) Decision shall be taken as above, within one month.'' 8.Following the aforesaid decision, the first respondent is directed to process the petitioner's passport application without insisting upon an order or permission from the jurisdictional criminal Court and to take an appropriate decision on the application, on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. However, if the petitioner intends to travel abroad, it is open to the petitioner to obtain the necessary permission from the jurisdictional criminal Court before undertaking such travel. 9. With the above directions, this writ petition stands disposed of. No costs. 07.08.2026 NCC : Yes / No Index : Yes / No PKN 5/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.22612 of 2026 To 1. The Regional Passport Officer, Regional Passport Office, Madurai, Bharathi Ula Vethi, Race Course Road, Madurai 625002. 2. The State of Tamil Nadu, The Inspector of Police, Kottampatti Police Station, Madurai District. 6/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.22612 of 2026 M.DHANDAPANI, J. PKN W.P(MD)No.22612 of 2026 07.08.2026 7/7 https://www.mhc.tn.gov.in/judis