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2026 Supreme(Online)(Mad) 29725

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
Michealraj – Appellant
Versus
The Regional Passport Officer, O/o. Regional Passport Office, Trichy District – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.P.Ganapathi Subramanian
For the Respondents:Mr.G.Vishnuram, Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

Mere FIR registration does not justify passport renewal refusal under Section 6 of Passports Act, 1967; requires pending court proceedings.

Headnote:The Passports Act, 1967, particularly Section 6, governs refusal of passport renewal, permitting denial only on enumerated grounds including pending criminal proceedings before a competent court. Petitioner applied for passport renewal, which was withheld due to registered FIRs in criminal cases. Court found mere FIR registration insufficient to bar renewal under the Act. Key issue: Whether FIR registration alone justifies withholding passport renewal. Ratio: Statutory grounds under Section 6 require pending court proceedings, not mere FIRs; withholding solely on FIRs contravenes the Act. Writ petition allowed; respondent directed to process and issue passport within four weeks, subject to eligibility criteria.

Table of Content
1. passport renewal withheld due to firs. (Para 2 , 3)
2. section 6 bars renewal only for pending court proceedings. (Para 4 , 5 , 6 , 7)
3. mandamus issued to process renewal application. (Para 8 , 9 , 10)

O R D E R

The petitioner is before this Court seeking issuance of a writ of mandamus directing the first respondent to renew his passport based on his application in File No. TR2076420597726 dated 17.02.2026.

2. The grievance of the petitioner is that, though he has submitted an application for renewal of his 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 criminal cases have been registered against him.

3. Mr. M. Vaikkam Karunanithi, learned Government Advocate (Criminal Side), appearing for the respondents 2 and 3, on instructions, submitted that two criminal cases have been registered 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 Act, the Passport Authority is empowered to refuse issuance or renewal of a passport only on the grounds specifically enumerated therein. One such ground is where proceedings in respect of an offence alleged to have been committed by the applicant are pending before a competent criminal court in India.

6. In the present case, the only reason cited by the respondents is the registration of FIRs against the petitioner. However, mere registration of FIRs does not fall within the grounds contemplated under Section 6 of the Act. The statutory bar arises 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 FIRs is not in consonance with the provisions of the Passports Act, 1967.

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

9. Accordingly, the writ petition is allowed, and the first respondent is directed to process the petitioner’s application for renewal of passport in File No. TR2076420597726 dated 17.02.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria prescribed under law.

10. The above exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

11. No costs.

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