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2026 Supreme(Online)(Mad) 16838
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Manivannan D – Appellant
Versus
The Union of India – Respondent
Writ Petition | Article 226
For the Petitioner: Mr.R.Vignesh
For R1 & R2: M/s.M.Anbarasi Central Government Standing Counsel
For R3 to R5:Mrs.M.Aasha Government Advocate (Criminal Side)
Mere pendency of an FIR does not prevent passport issuance.
Headnote:A writ petition filed under Article 226 of the Constitution seeks a Mandamus directing the issuance of a passport based on the petitioner's application. The court observed that mere pendency of an FIR does not impede the issuance of a passport as per established case law. Consequently, the court directed the second respondent to consider the application for issuance of a passport and pass orders by a specific date. The petition was disposed of with no order as to costs.
| Table of Content |
|---|
| 1. writ petition for passport issuance. (Para 1 , 2) |
| 2. pendency of fir does not impede passport issuance. (Para 3) |
| 3. court orders consideration of passport application. (Para 4 , 5) |
O R D E R
The present Writ Petition has been filed seeking a Mandamus directing the second respondent to issue passport to the petitioner based upon his application dated 11.12.2025.
2. The learned Government Advocate (Criminal Side) appearing for the fifth respondent brought to the notice of this Court that the petitioner has been implicated in a criminal case in Crime No.247 of 2024, on the file of the fifth respondent police station. Though charge sheet has been made ready, so far, it has not been filed.
3. This Court in a judgment reported in 2014 8 MLJ 61 (Mr.W.Jaihar Willam Vs.the State of Tamil Nadu) has held that mere pendency of FIR would not be a legal impediment for issuance of passport.
4. In view of the above said facts, the second respondent is directed to consider the application of the writ petitioner for issuance of passport and pass orders on or before 30.03.2026
5. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs.
