[Cites 2, Cited by 0]
Madras High Court
S.Gunasekaran vs The Passport Officer on 10 April, 2026
W.P.(MD)No.8701 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:10.04.2026
CORAM
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.P.(MD)No.8701 of 2026
S.Gunasekaran .. Petitioner
- Vs. -
1. The Passport Officer,
Regional Passport Office,
Bharathi Ula Road,
Reserve Line,
Madurai.
2. The Inspector of Police,
Thirukostiyur Police Station,
Sivagangai District. ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of
India, praying this court to issue a Writ of Mandamus directing the 1
respondent to reissue the Petitioner`s Passport bearing No.G2893094 by
considering his Passport Application in File No. MD5076072087125
dated 12.12.2025.
For Petitioner :Mrs.M.Sudharani
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8701 of 2026
For R1 :Mr.T.Lenin Kumar
Central Government Standing Counsel
For R2 :Mr.M.Vaikkam Karunanithi
Government Advocate (Crl.side)
ORDER
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
https://www.mhc.tn.gov.in/judis
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
https://www.mhc.tn.gov.in/judis
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.
5. There shall be no order as to costs.
Index :Yes / No 10.04.2026
NCC :Yes / No
PJL
To
1. The Passport Officer,
Regional Passport Office,
Bharathi Ula Road,
Reserve Line,
Madurai.
https://www.mhc.tn.gov.in/judis
2. The Inspector of Police,
Thirukostiyur Police Station,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
HEMANT CHANDANGOUDAR, J.
PJL
10.04.2026
https://www.mhc.tn.gov.in/judis
