BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR M.K.S.Ganesan ... Petitioner vs.

1.The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 620 008.

2.The Inspector of Police, Appanthirupathi Police Station, Madurai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1^st respondent to issue passport to the petitioner based on his application dated 21.01.2026 pending in File No. MD1076269022726, before the 1^st respondent by accepting the written explanation dated 05.03.2026 within a time frame.

For Petitioner :Mr.S.Gobi For R1 :Mr.A.Muthuramalingam Central Government Standing Counsel For R2 :Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

O R D E R

The petitioner has approached this Court seeking issuance of a Writ of Mandamus directing the first respondent to issue a passport based on his application in File No. MD1076269022726 dated 21.01.2026.

2. The grievance of the petitioner is that, though an application was submitted for issuance of a passport, the same has not been processed by the first respondent. According to the petitioner, the application has been kept pending on the ground that the police verification report contains adverse remarks stating that a criminal case in Crime No.95 of 2025 has been registered on the file of the second respondent. However, it is the specific contention of the petitioner that his name does not figure as an accused in the said FIR.

3. Mr. A. Muthuramalingam, learned Central Government Standing Counsel, who accepts notice on behalf of the first respondent, on instructions, submitted that the petitioner’s application has not been processed in view of the adverse police report indicating that a criminal case is pending against the petitioner.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. The refusal to issue or renew a passport is governed by the provisions of the Passports Act, 1967. Under Section 6 of the said Act, the Passport Authority is empowered to refuse issuance or renewal of a passport only under the circumstances specifically enumerated therein. One such circumstance is when proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India.

6. In the present case, the only reason cited for withholding the petitioner’s application is that a criminal case has been registered. However, mere registration of an FIR does not fall within the grounds contemplated under Section 6 of the Act for refusing issuance or renewal of a passport. The statutory bar would arise only when criminal proceedings are pending before a competent criminal court.

7. Therefore, the action of the first respondent in withholding the petitioner’s application solely on the basis of the registration of an FIR is contrary to the provisions of Section 6 of the Passports Act, 1967.

8. In view of the above, this Court finds merit in the contention of the petitioner.

9. Accordingly, this Writ Petition is allowed, and the first respondent is directed to process the petitioner’s application in File No. MD1076269022726 dated 21.01.2026 and issue the passport, subject to the petitioner satisfying all other eligibility requirements under law. The said exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. No costs.

Index :Yes / No 13.03.2026 NCC :Yes / No cmr To The Inspector of Police, Appanthirupathi Police Station, Madurai District.

HEMANT CHANDANGOUDAR, J.

cmr

13.03.2026