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W.P.No.2383 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.01.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

W.P.No. 2383 of 2026

Jayakumar ...petitioner

Vs.

1.The Regional Passport officer,

Regional passport office,

Chennai Royala Towers Nos. 2 and 3,

IV Floor, Old No.785 New No. 158,

Anna Salai,

Chennai – 600 002.

2.The Inspector of Police,

Kachirapalaiyam Police Station,

Kallakurichi District. ...Respondents

Prayer: Writ Petition is filed under Section 226 of the Constitution of

India for issue of Writ of Mandamus, directing the 1^st respondent to

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W.P.No.2383 of 2026

consider petitioner’s Application No.25-1049191664 dated: 19-03-2025

File No. MAG064945109525 and to issue the passport in favor of

petitioner within a time frame fixed by this Court.

For petitioner : Mr. V.Gunasekar

For respondent 1 : Mr. N.Manikandan

Central Government Standing

Counsel

For respondent 2 : Mr. L.Baskaran

Government Advocate

(Criminal Side)

O R D E R

This writ petition is filed for the following relief:

“To direct the 1^st respondent to consider petitioner’s

Application No.25-1049191664 dated: 19-03-2025 File

No. MAG064945109525 and to issue the passport in favor

of petitioner within a time frame fixed by this Court.”

2. The petitioner would submit that he had applied for passport in

the month January 2025, in reference No. 25-1049191664 and the 1^st

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W.P.No.2383 of 2026

respondent had also issued an acknowledgment in file

No.MAG064945109525. The petitioner would submit that despite

lapse of 7 months, the 1^st respondent has not issued the passport. When

the petitioner verified the same through online, it shows that a criminal

case in Crime No. 450/2024 under Section 191 (2), 296 (b), 126 (2),

115 (2), 351 (2) of BNS Act, was registered against him on the file of

the 2^nd respondent police and the petitioner was directed to give his

explanation within a period of 30 days.

3. The petitioner would submit that one Anbu along with other

persons had abused one person, namely, Vengatesan with a filthy

language and attacked the said Vengatesan with hands and the

petitioner was trying to prevent the said occurrence and he is in no way

connected to the said crime. Therefore, the petitioner is before this

Court seeking the aforesaid relief.

4. Heard the learned counsels and perused the records.

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W.P.No.2383 of 2026

5. In a recent judgement, in 2025 INSC 1476 – Mahesh Kumar

Agarwal Vs. Union of India, the Hon’ble Supreme Court held that the

denial of passport by quoting the provisions of Section 6 (2) (f) of the

Passports Act, was erroneous, since the issue of passport is only a case

of providing document for civil identity, whereas travel out of the

country was a regulated activity. The right to allow or not to allow the

accused person from traveling abroad vests with the Court, in which the

criminal proceeding is pending. The Hon’ble Apex Court observed that

the issuing authority is bound to issue passport and it does not possess

any power to deny the issue of passport itself.

6. In view of the above, the 1^st respondent is directed to take note

of the fact that only an FIR was registered in the year 2024, but no

charge sheet has been filed till date and to consider the petitioner’s

representation seeking issue of passport and pass appropriate orders, if

all other parameters are found to be in order, in accordance with law,

within a period of four weeks from the date of receipt of a copy of this

order. The 1^st respondent shall bear in mind the dicta laid down in the

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W.P.No.2383 of 2026

aforesaid judgment.

7. Accordingly, this writ petition is disposed of. No costs.

28.01.2026

Index : Yes/No

Internet : Yes/No

kan

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