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CDJ 2026 MHC 4459 print Preview print Next print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P.(MD). No. 17105 of 2026 & W.M.P.(MD). No. 12675 of 2026
Judges: THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR
Parties : Vishnu Versus The Regional Passport Officer, Regional Passport Office, Trichy & Another
Appearing Advocates : For the Petitioner: V.G. Vallarasu Chezhian, Advocate. For the Respondents: R1, A. Muthuramalingam, Central Government Standing Counsel, R2, R. Mohamed Riyaz, Government Advocate (Crl.side).
Date of Judgment : 22-06-2026
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Passports Act, 1967
- Section 6

2. Catch Words:
- Writ of Certiorari
- Mandamus
- Show cause notice
- FIR
- Criminal proceedings
- Passport issuance
- Section 6

3. Summary:
The petitioner challenged a show‑cause notice dated 13‑03‑2026 issued by the passport authority, which barred issuance of a passport on the ground of a pending FIR (Crime No. 367 of 2022). The Court examined the provisions of the Passports Act, 1967 and noted that Section 6 permits refusal only when criminal proceedings are pending before a competent court, not merely on FIR registration. Consequently, the notice was held legally unsustainable. The Court set aside the notice and directed the authority to process the petitioner’s application dated 22‑01‑2026 and issue the passport, subject to other eligibility criteria, within four weeks. No costs were awarded and the related miscellaneous petition was closed.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the letter dated 13.03.2026 in File No. TR1066275808126, Letter Ref.No OBJ/1054153976/26 issued by the 1st respondent and quash the same and consequently, to direct to the 1st respondent to issue fresh passport to the petitioner on his application No. TR1066275808126 dated on 22.01.2026 within the period that may be stipulated by this Court.)

1. The petitioner is before this Court challenging the show cause notice dated 13.03.2026 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.367 of 2022.

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 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 first respondent 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.

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 13.03.2026 issued by the first respondent is set aside. The first respondent is directed to process the petitioner’s application dated 22.01.2026 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. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
 
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