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Madras High Court
Marimuthu vs The Government Of India on 11 March, 2026
W.P.(MD)No.6375 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.03.2026
CORAM
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.P.(MD)No.6375 of 2026
Marimuthu ... Petitioner
vs.
1. The Government of India
Represented through
The Regional Passport Officer
Regional Passport Office
Madurai
Bharathi Ula Veethi
Race Course Road
Madurai 625 002.
2. BLS International services
Indian Passport and Visa Service center
Deira centre, Shop no. 13
Ground floor, Zeenah building
Same building of Budget Rent a Car
Opposite to Deira city center P3 parking
Deira, Dubai.
3. The Inspector of Police
Kenikkarai Police station
Ramanathapuram District. ... Respondents
1/6
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W.P.(MD)No.6375 of 2026
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of MANDAMUS, to direct the
Respondents 1 and 2 to Reissue/Renew the Petitioner's passport which is
pending in reference no.DE1159411950225 by considering the
petitioner's mail dated 03.03.2026 within the time limit that may be
stipulated by this Honourable High Court and pass such other or further
orders as this Honble Court may deem fit and proper in the circumstances
of this case and thus render justice.
For Petitioner :Mr.M.S.Jeyakarthik
For Respondent
Nos.1 & 2 :Mr.R.M.Arun Swaminathan
For Respondent
No.3 : Mr.Vaikkam Karunanithi
Government Advocate (crl.side)
*****
ORDER
The petitioner before this Court seeking a direction to Respondent
Nos.1 and 2 to reissue/renew the petitioner’s passport, which is pending
under Reference No. DE1159411950225, by considering the petitioner’s
email dated 03.03.2026
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2. The learned Counsel appearing for Respondent Nos.1 and 2 and
the learned Government Advocate (Criminal Side) appearing for
Respondent No.3 submitted that a criminal case is pending against the
petitioner in S.T.C. No.489 of 2024, arising out of Crime No.516 of
2023, on the file of the Judicial Magistrate No.II, Ramanathapuram, and
therefore the petitioner is not entitled to reissue/renewal of passport as
per Section 6 of the Passport Act.
3. This Court carefully considered the submissions of both sides
and gone through the records.
4. In similar circumstances, the coordinate bench of this Court in
W.P.12515 of 2022 dated 12.05.2022 had held that it is well settled that
pendency of the Criminal Case at the FIR stage, is not a bar for issuance
of the Passport. It is true that if it has culminated in filing of the final
report, permission of the Court for issuance of Passport will have to be
obtained, but this requirement is applicable only if the petitioner wants to
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leave India. It cannot apply when the petitioner wants to come back to
India. In a similar circumstances, the coordinate Bench of this Court, in
the case of Rahul Ravindran vs Union of India and others, reported in
2021 (4) MLJ 289=MANU/TN/4595/2021, had taken favorable view and
disposed of the writ petition on certain directions. At present, the
petitioner is residing in Dubai. The passport issued to him was valid up
to 02.08.2025, and he intends to return to India.
5. In these circumstances, this Writ Petition is disposed of with the
following directions:
a) The petitioner is directed to submit a representation to the
Indian Embassy at Dubai enclosing a certified/web-copy of this order
made in this writ petition.
b) Immediately on receipt of such representation, the Passport of
the petitioner shall be re-issued/renewed for a period of two years;
c) On such re-issuance/renewal, the petitioner shall come over to
India and take immediate steps to participate in the Criminal proceedings
and work out his remedy and defend himself in the case;
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d) The petitioner shall also file a memo before the concerned
Court, where the criminal case is pending and bring to the notice of the
said Court, the orders passed in this writ petition; and
e) If in case the criminal case does not come to an end within the
period of which the Passport has been re-issued/renewed, the petitioner
shall get the necessary permission only from the concerned Court in line
with the notification issued by the Government of India through the
Ministry of External Affairs in G.S.R.298(E) dated 14.04.1976.
6. However, there shall be no orders as to costs.
Index :Yes / No 11.03.2026
Internet :Yes / No
NCC :Yes / No
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Note:
Issue order copy on 13.03.2026
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HEMANT CHANDANGOUDAR, J.
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To
1. The Regional Passport Officer
Regional Passport Office
Madurai,
Bharathi Ula Veethi
Race Course Road
Madurai 625 002.
2. BLS International services
Indian Passport and Visa Service center
Deira centre, Shop no. 13
Ground floor, Zeenah building
Same building of Budget Rent a Car
Opposite to Deira city center P3 parking
Deira, Dubai.
3. The Judicial Magistrate No.II,
Ramanathapuram.
4. The Inspector of Police
Kenikkarai Police station
Ramanathapuram District.
11.03.2026
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