[Cites 3, Cited by 0]
Madras High Court
M.Adaikkammal vs The Regional Passport Officer on 23 March, 2026
W.P.(MD)No.7539 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.03.2026
CORAM
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.P.(MD)No.7539 of 2026
and
W.M.P.(MD)No.6172 of 2026
M.Adaikkammal ... Petitioner
vs.
1.The Regional Passport Officer,
Regional Passport Office,
New Municipality Complex,
7th Cross, Thillainagar, Trichy.
2.The Inspector of Police,
All Women Police Station,
Karaikudi, Sivagangai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus to call for the
records pertaining to the impugned show cause notice issued by the 1st
respondent dated 26.05.2025 and quash the same and consequently, to
direct the 1st respondent to issue the Passport in Passport Application No.
TR 2075060360225 based on the petitioner’s application dated
21.05.2025 within the time stipulated by this Court.
1/6
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W.P.(MD)No.7539 of 2026
For Petitioner :Mr.N.Kamesh
For R1 :Mr.T.Mahendran
Central Government Standing Counsel
For R2 :Mr.M.Vaikkam Karunanithi
Government Advocate (Crl.side)
*****
ORDER
The petitioner is before this Court challenging the show cause
notice dated 26.05.2025 issued by the first respondent.
2. By the said notice, the petitioner has been called upon to appear
in person and submit relevant documents before the Enquiry Officer at
the Passport Office in connection with an adverse report received from
the second respondent.
3. The petitioner’s application for issuance of passport has not
been processed on the ground that a criminal case has been registered
against her in Crime No.21 of 2025.
4. Heard the learned counsel appearing on either side and perused
the materials available on record.
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5. The refusal to issue or renew a passport is governed by the
provisions of the Passports Act, 1967. Under Section 6 of the Act, the
Passport Authority is empowered to refuse issuance or renewal of a
passport only in the circumstances specifically enumerated therein. One
such ground is where 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 by the respondents is
the registration of an FIR against the petitioner. However, mere
registration of an FIR does not fall within the grounds contemplated
under Section 6 of the Act. The statutory bar arises only when criminal
proceedings are pending before a competent criminal court.
7. Therefore, the action of the first respondent in withholding the
petitioner’s application solely on the basis of the registration of an FIR is
not in consonance with the provisions of the Passports Act, 1967.
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8. In view of the above, this Court finds that the impugned show
cause notice is not legally sustainable.
9. Accordingly, the writ petition is allowed and the show cause
notice dated 26.05.2025 issued by the first respondent is set aside. The
first respondent is directed to process the petitioner’s application dated
21.05.2025 and issue the passport, subject to the petitioner satisfying all
other eligibility criteria.
10. The above exercise shall be completed within a period of four
(4) weeks from the date of receipt of a copy of this order.
11.No costs. Consequently, the connected miscellaneous petition is
closed.
Index :Yes / No 23.03.2026
NCC :Yes / No
cmr
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To
The Inspector of Police,
All Women Police Station,
Karaikudi, Sivagangai District.
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HEMANT CHANDANGOUDAR, J.
cmr
23.03.2026
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