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Madras High Court
Balamurugan vs The Regional Passport Officer on 11 March, 2026
W.P.(MD)No.5472 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.5472 of 2026
Balamurugan ... Petitioner
vs.
1.The Regional Passport Officer,
The Regional Passport Office,
New Municipal Complex
Thillainagar 7th Cross,
Tiruchirappalli 620 018.
2.The State of Tamilnadu,
Represented by the Inspector of Police,
Avudaiyarkoil Police Station,
Pudukkottai District.
3.The State of Tamilnadu,
Represented by the Inspector of Police
Pallathur Police Station
Sivagangai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, direct the 1 st respondent to
renew the passport to the petitioner based on his passport application
number TR1075701051025 dated 29.09.2025 within the time stipulated
by this Court.
1/6
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W.P.(MD)No.5472 of 2026
For Petitioner :Mr.R.Prasanna
For R1 :Mr.M.Kannan
Central Government Standing Counsel
For R2 and R3 :Mr.M.Vaikkam Karuninithi
Government Advocate (Crl.side)
*****
ORDER
The petitioner is before this Court seeking issuance of a Writ of Mandamus
directing the first respondent to renew his passport.
2. The grievance of the petitioner is that though an application was
submitted for renewal of the passport, the same has not been processed
by the first respondent. According to the petitioner, the application for
renewal has been kept pending on the ground that two criminal cases has
been registered again the petitioner.
3.Mr. M. Vaikkam Karunanithi, learned Government Advocate
(Crl.side), on instructions, submitted that in one criminal case, the
petitioner was convicted and imposed with a fine and in relation to the
second criminal case, charge sheet has been filed, however, cognizance
has not been taken.
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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 Passport Act, 1967. Under Section 6 of the said Act, the
Passport Authority is empowered to refuse issuance or renewal of a
passport only in the circumstances specifically enumerated therein. One
such circumstance is when proceedings in respect of an offence alleged
to have been committed by the applicant are pending before a criminal
court in India.
6. In the present case, the only reason cited for withholding the
petitioner’s application is that criminal cases have been registered against
the petitioner. However, no cases are pending against the Petitioner in
any criminal court so as to not fall within the grounds contemplated
under Section 6 of the Passport Act for refusing issuance or renewal of a
passport. The statutory bar would arise only if criminal proceedings are
pending before a competent criminal court.
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7. Therefore, the action of the first respondent in withholding the
petitioner’s application for renewal of the passport is contrary to the
provisions of Section 6 of the Passport Act.
8. In view of the above, this Court finds merit in the contention of
the petitioner.
9. Accordingly, the Writ Petition is allowed and the first
respondent is directed to process the petitioner’s application for renewal
of passport bearing application No. TR1075701051025 dated
29.09.2025 and renew the same, subject to the petitioner satisfying all
other eligibility criteria prescribed under law. The said exercise shall be
completed within a period of four weeks from the date of receipt of a
copy of this order. No costs.
Index :Yes / No 11.03.2026
NCC :Yes / No
cmr
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To
1.The Inspector of Police,
The State of Tamilnadu,
Avudaiyarkoil Police Station
Pudukkottai District.
2.The Inspector of Police,
The State of Tamilnadu,
Pallathur Police Station,
Sivagangai District.
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HEMANT CHANDANGOUDAR, J.
cmr
11.03.2026
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