WP/40355/2026 of KUTHARATHULLAH Vs THE REGIONAL PASSPORT OFFICER on 6 October 2026

ORDER

The writ petition is filed seeking a mandamus to direct the first respondent to issue passport to the petitioner by considering his passport application No.MAH065977338723 dated 16.11.2023 and his representation / explanation dated 21.09.2026.

2. The petitioner is an Indian citizen. He would submit that earlier he had applied for a passport vide application No.MA1067325044313 and the same was rejected on the ground that a FIR in Crime No.445/2016 was pending against him. Thereafter, the FIR was closed as "Further action dropped" by the police and subsequently, the passport in File No.MA1067325044313 was also closed.

3. While so, the petitioner had applied for a fresh passport vide application No..MAH065977338723 dated 16.11.2023. However, his fresh application was not processed vide letter of the first respondent dated 30.11.2023, wherein it has been stated that the petitioner had suppressed the closure of his previous passport application. The first respondent had called upon the petitioner to appear in person and submit his explanation. In response, the petitioner had appeared in person and submitted his explanation. Even thereafter the first respondent had failed to act of his fresh application.

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WP No. 40355 of 2026

Thereafter, on 21.09.2026, the petitioner had submitted a detailed representation / explanation seeking issuance of passport, despite which, there was no response from the first respondent. Hence, the petitioner, left with no other alternative, is before this Court.

4. Heard the learned counsels appearing on either side and also perused the materials available on record.

5. A perusal of the records would show that the petitioner had approached the first respondent for issuance of passport on two occasions namely vide File No. No.MA1067325044313 and File No.MAH065977338723. The impediment for issue of passport to the petitioner in File No.MA1067325044313 was that an FIR No.445/2016 on the file of Kattumannarkoil Police Station, Cuddalore was pending against the petitioner, on a complaint lodged by one Sakthiganesh. The further action on this FIR has been dropped by the second respondent-police after investigation and the said passport application was also closed. Thereafter, the petitioner had applied for a fresh passport vide Application No.MAH065977338723 dated 16.11.2023, however the same was withheld by the first respondent alleging that the petitioner had suppressed the closure of the previous application, to which, the petitioner had appeared in person and submitted his explanation. Further, the petitioner had also sent a representation on 21.09.2026, and the same was also not considered by the respondents till

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WP No. 40355 of 2026

date. Therefore, this Court is of the opinion that the reason for closure of his earlier passport application no longer exists, and ultimately, this alone cannot be a ground to deny in issuing a fresh passport to the petitioner.

6. Accordingly, the writ petition is allowed, and a mandamus is issued to first respondent to consider the petitioner's passport application No. MAH065977338723 dated 16.11.2023, and pass orders within a period of three weeks from the date of receipt of a copy of this order. No costs.

06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS

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WP No. 40355 of 2026

To:

1. The Regional Passport Officer Regional Passport Office Chennai Royala Towers No.2, 3, IV Floor Old No.785, New No.158 Anna Salai, Chennai-600 002.

2. The Inspector of Police Kattumannarkoil Police Station Kattumannarkoil, Cuddalore.

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WP No. 40355 of 2026

P.T.ASHA J. DS WP No. 40355 of 2026 06-10-2026

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