Citation : 2026 Latest Caselaw 818 Mad
Judgement Date : 26 February, 2026
WP(MD). No.2702 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 26/02/2026
CORAM
The Hon`ble Mr.Justice R.VIJAYAKUMAR
WP(MD). No.2702 of 2026
S.Remigius ... Petitioner
Vs
1. The Regional Passport Officer,
Regional Passport Office
Bharathi Ula Veethi
Race Course Road
Madurai District - 625 002.
2. The Assistant Passport Officer,
Mukesh Towers
13, South Bypass Road
Xavier Colony Tirunelveli District - 627 005.
3. The Superintendent of Police,,
Nagercoil, Kanyakumari District..
4. The Inspector of Police,,
Karungal Police Station,
Kanyakumari District. ... Respondents
(R3 and R4 are Suo Motu
Impleaded Vide Court Order Dated 12.02.2026)
PRAYER :- Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the
respondents herein to renew and reissue forthwith the petitioner's
1/6
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WP(MD). No.2702 of 2026
passport submitted under application reference no.25-1068737696 along
with the old passport of the petitioner bearing no.P9614575 within the
time frame stipulated by this Court.
For Petitioner : Mr.T.Cibichakraborthy
For Respondents : Ms.M.Aasha (Crl. side)
Government Advocate for R3 and R4
Mr.K.Maharaja for R1 and R2
ORDER
The present writ petition was filed seeking a mandamus directing
the respondents to renew and reissue the petitioner's passport based upon
his application.
2. According to the learned counsel for the petitioner, initially
passport was issued to him on 30.04.2007 whose validity had expired on
29.04.2017 and thereafter, the petitioner had obtained another passport
on 05.12.2016 and the validity is about to expire on 04.12.2026.
3. In order to get working visa, the petitioner requires the passport
for a full period of ten years and therefore, he has made an application
for renewal of the passport. At that time, an objection has been raised by
the first respondent to the effect that the petitioner's photograph has been
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used by another person in the name and style of Nazeer and a passport
has been issued to the said person on 11.11.2003. Since the photograph
of the petitioner is similar to that of the photograph of the said Nazeer,
the first respondent has raised an objection to the effect that the petitioner
seems to have obtained another passport with different credentials.
Hence, the present writ petition.
4. This Court had suo motu impleaded the Superintendent of
Police, Kanyakumari District and Inspector of Police, Karungal Police
Station, who were directed to conduct an investigation to find out
whether any such person with name and style of Nazeer is available in
the said locality in the address given in the said passport.
5. Today, a report has been submitted by the 4th respondent herein
to the effect that there is no such person under the name and style of
Nazeer, S/o.Maluk, after verifying the entire locality. Therefore, it is
clear that either the said Naseer picture is similar to that of the petitioner
or there is no such person in the name and style of Nazeer but somebody
else has misused the photograph of the petitioner. Under such
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circumstances, the petitioner cannot be found fault with.
6. A perusal of the credentials of the petitioner as well as the
credentials of the Nazeer will clearly indicate that they are completely
different except with regard to some similarity in the photograph of the
petitioner and Nazeer. Based upon some suspicion, the request of the
petitioner cannot be rejected, especially, in the light of the report
submitted by the 4th respondent.
7. In view of the above said facts, the respondents 1 and 2 are
directed to consider the application of the petitioner and issue passport
on or before 06.03.2026.
8. The writ petition is disposed of with the above direction. No
costs.
26.02.2026
NCC : Yes/No Index : Yes/No
Office to Note: Order Copy on 26.02.2026 RR
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TO
3. The Superintendent of Police,, Nagercoil, Kanyakumari District..
4. The Inspector of Police,, Karungal Police Station, Kanyakumari District.
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R.VIJAYAKUMAR, J
RR
ORDER IN
Date : 26.02.2026
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