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2026 Supreme(Online)(Mad) 32808
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
S.Gunasekaran – Appellant
Versus
The Passport Officer, Regional Passport Office, Bharathi Ula Road, Reserve Line, Madurai. – Respondent
Writ Petition
For the Appellants/Petitioners: Mrs.M.Sudharani
For the Respondents: Mr.T.Lenin Kumar, Mr.M.Vaikkam Karunanithi
Passport reissue treated as fresh issuance; requires prior permission from court in pending criminal cases.
Headnote:The petitioner sought reissuance of passport under the Passport Act, 1967, despite a pending criminal case. Court relied on Full Bench decision in W.P.(MD) No. 26547 of 2025, holding reissue equivalent to fresh issuance. Petitioner directed to obtain court permission. Issues framed: Whether passport renewal requires same scrutiny as fresh issuance amid pending criminal proceedings. Ratio: Reissue treated as fresh passport issuance; prior court permission mandatory under Passport Act. Writ petition disposed granting liberty to seek permission from trial court; passport authority to process upon permission within timelines.
| Table of Content |
|---|
| 1. petition for passport reissuance pending due to criminal case. (Para 1 , 2) |
| 2. confirmation of pending criminal trial. (Para 3) |
| 3. reissue equals fresh issuance per full bench. (Para 4 , 5) |
| 4. liberty to seek trial court permission; timelines mandated. (Para 6) |
O R D E R
The petitioner is before this Court seeking issuance of a writ of mandamus directing the first respondent to reissue his passport based on his application in File No. MD5076072087125 dated 12.12.2025.
2. The grievance of the petitioner is that, though he has submitted an application for re-issuance of 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 a criminal cases is pending against the petitioner in S.C.No.36 of 2026 on the file of the learned Principal Sessions Judge, Sivagangai.
3. Mr.M.Vaikkam Karunanithi, learned Government Advocate (Criminal Side), appearing for the respondent No.2, on receiving instructions, submitted that a criminal case is pending against the petitioner in S.C.No.36 of 2026 on the file of the learned Principal Sessions Judge, Sivagangai..
4. Heard the learned counsel appearing on either side and perused the materials available on record.
5. The Hon’ble Full Bench of this Court in W.P.(MD) No. 26547 of 2025, while answering a reference as to whether the re-issue/renewal of a passport should be treated in the same manner as the issuance of a fresh passport or merely as a case of renewal, held that the re-issue/renewal of a passport must be treated in the same manner as the issuance of a fresh passport. However, liberty was granted to the petitioner therein to obtain prior permission from the concerned Court and submit the same along with the passport application, as contemplated under the Passport Act, 1967 .
6. In view of the above, this Writ Petition is disposed of granting liberty to the petitioner to approach the jurisdictional Court, where the criminal case is pending, and file an appropriate application seeking permission for issuance/renewal of the passport. If such an application is filed, the criminal Court concerned shall consider and pass appropriate orders within a period of three(3) weeks from the date of filing of the application. In the event of trial Court granted permission to the petitioner for renewing the passport, the first respondent shall process the application of the petitioner and pass appropriate orders on merits in accordance with law within a period of three (3) weeks from the date of fresh application submitted by the petitioner.
