IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-01-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA Kumar Manikkam S/o. Manikkam No. 444 South Kattukottai, Kural Village, Pakkambadi Post, Chinnasalem Kallakurichi District - 606 301.

..Petitioner(s)

Vs

1. The Regional Passport Officer Regional Passport Office Old no. 785/158 , IV Floor, Royala Towers No. 2 and 3, Anna Salai, Chennai – 600 002.

2. State by The Inspector of Police Chinna Salem Police Station Kallakurichi District. Crime No. 236 /2022 ..Respondent(s)

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider petitioner’s representation dated 11.10.2025 and to renew petitioner’s passport No. L4327326 (Renewal Application file number MAG074925533325) and to pass orders.

For Petitioner(s): Mr.S.Silambu Selvan For Respondent(s): Mr.L.J.Vengatesh Central Government Standing Counsel for R1 Mr.LK.Baskaran Govt. Advocate [ Crl.Side] for R2

ORDER

The petitioner has filed the above writ petition seeking a mandamus to the respondents to consider his representation dated 11.10.2025 to renew his passport No. L4327326 in renewal application No. MAG074925533325.

2. It is the case of the petitioner that he had been residing at No.444, South Kattukottai, Kural Village, Pakkambadi Post, Chinna Salem, Kallakurichi District with his family members for several years. He was holding the passport No.L4327326 which was issued to him on 10.10.2013. The same had expired on 09.10.2023. The petitioner had thereafter applied online for renewal of passport on 14.03.2025 to the first respondent office.

3. On receipt of the said application, the first respondent vide letter dated

08.07.2025 had informed the petitioner that they have received an adverse police verification report from Chinna Salem Police Station against him in Crime No.236/2022 and therefore, he was called upon to provide a suitable explanation with supporting documents.

4. The petitioner would submit that his name did not figure in the FIR in Crime No.236/2022, but later summons were issued to him, based on confession of a co-accused, and thereafter, he was implicated in the above case and charge sheeted in PRC.No.52 of 2025 on the file of Judicial Magistrate No.II. Kallakurichi. However, the trial is yet to commence in the said case. The petitioner who is doing business in the digital e-business has to travel to foreign countries for which purpose he requires the passport. Since his passport had expired on 09.10.2023, and the authorities not renewing his passport, despite he submitted his representation as early as on 11.10.204, the petitioner is put to irreparable hardship. Therefore, the petitioner is before this Court.

5. Heard the rival submissions of the counsels and this Court also perused the records.

6. The reason for not renewing the passport is attributed to the pendency of the criminal proceedings pending against the petitioner before the Judicial Court, Kallakurichi. In a recent judgment of the Hon’ble Supreme Court in Mahesh Kumar Agarwal Vs Union of India and another arising out of SLP(C) No.17769 of 2025, the Hon’ble Supreme Court was considering a similar case of renewal of passport which was not being granted on account of the fact that the appellant therein was an accused in a case being investigated by NIA. The learned Judges after taking into consideration the statutory provisions and notifications relating to the issue on hand and after extracting the Passport Act and Rules of the G.O., has observed as follows :

“8. From a conjoint reading of Sections 5, 6, 7 and 8 of the Passports Act, a structured scheme emerges. Section 5 is the starting point. It prescribes the manner in which an application for a passport is to be made and requires the passport authority, subject to the other provisions of the Act, to decide the application by issuing or refusing the passport through a written order. Section 6 qualifies that power and sets