Madras High Court

WP/38320/2026 of Shri. Mohamed Jamaldeen Pakkir Mydeen Vs The Regional Passport Officer on 13 October 2026

Cites 1, Cited by 0

WP No. 38320 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 38320 of 2026

CNR:{HCMA012164602026}

AND

WMP Nos. 43038 & 43042 of 2026

Mohamed Jamaldeen Pakkir Mydeen

..petitioner(s)

Vs

1. The Regional Passport Officer,

Regional Passport Office, Chennai,

Royala Towers No. 2 and 3, IV Floor,

158, Anna salai, Chennai -600002.

2. The Inspector of Police,

Cheranmahaadevi Police Station,

Tirunelveli Distirct.

(Ref.Crime No. 163/2022)

3. The Inspector of Police,

Avadi Police Station.

(R3 SUO MOTU IMPLEADED VIDE

ORDER DATED 01.10.2026 MADE IN

WP.38320/2026 BY DBCJ)

..Respondent(s)

Prayer:

This writ petition is filed under Article 226 of the Constitution of India, seeking writ of certiorarified mandamus calling for the records pertaining to the impugned letter issued by the 1st respondent vide proceeding Ref.No.FCI/1055534237/26 dated 19.06.2026 and quash the

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WP No. 38320 of 2026

same and consequently direct the 1st respondent to issue a fresh passport based on renewal application submitted by the petitioner vide Application No.MA1076276302524 dated 14.08.2023 within a stipulated period.

For petitioner(s):

Mr. V.Jayaprakash Narayanan

For Respondent(s):

M/s.K.Thirukkumaran

Central Government Standing Counsel

R1

Mr.T.Durai Gunasekaran

Government Advocate

(Criminal side)

R2

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Order

This writ petition is filed for the following relief: “To call for the records pertaining to the impugned letter issued by the 1st respondent vide proceeding Ref.No.FCI/1055534237/26 dated 19.06.2026 and quash the same and consequently direct the 1st respondent to issue a fresh passport based on renewal application submitted by the petitioner vide Application No.MA1076276302524 dated 14.08.2023 within a stipulated period.”

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WP No. 38320 of 2026

2. The petitioner was earlier issued an Indian Passport bearing Passport No. M7805409, on 31.03.2015, which expired on 30.03.2025. The present application is for the reissue of the passport. The petitioner has also sought inclusion of the name of his spouse, Mariam Sulthan Afroze, following their marriage solemnized on 09.07.2023.

3. It is the case of the petitioner that a private inter-family civil / property -related dispute arose between the petitioner’s family and his spouse’s family around November 2023. According to the petitioner, the said dispute was subsequently given a criminal colour, resulting in registration of Crime No.163/2022 at Cheranmahadevi Police Station, Tirunelveli District. The criminal case is stated to be pending as C.C.No.123/2023 before the Judicial Magistrate Court, Cheranmahadevi, for the offences under Sections 147, 448, 294(b), 323 and 506(ii) IPC and Section 4 of the TNPHW Act.

4. While the criminal proceedings were pending, the petitioner applied for reissue of his passport. However, on 19.06.2026, the 1st respondent issued a File Closure Notification informing the petitioner that

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WP No. 38320 of 2026

his passport application would be closed and the fees forfeited within 15 days, on account of an adverse report relating to the pending trial Court case. Therefore, the petitioner is before this Court.

5. Heard the learned counsels on the either side and perused the records.

6. In a recent judgement, reported in in 2025 INSC 1476 – Mahesh Kumar Agarwal Vs. Union of India, the Hon’ble Supreme Court held that denial of passport by quoting the provisions of Section 6 (2) (f) of the Passports Act, was erroneous, since the issue of passport is only a case of providing document for civil identity, whereas travel out of the country was a regulated activity. The right to allow or not to allow the accused person from traveling abroad vests with the Court, in which the criminal proceeding is pending. The Hon’ble Apex Court observed that the issuing authority is bound to issue passport and it does not possess any power to deny the issue of passport itself.

7. Therefore, this writ petition is allowed and the 1st respondent is directed to re-issue the passport to the petitioner after following the due

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WP No. 38320 of 2026

procedures. Needless to say, to travel abroad, the petitioner must obtain permission from the learned Judicial Magistrate, Cheranmahadevi, where CC.No.123 of 2023 is pending. Consequently, the connected miscellaneous petitions are closed. No costs. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAN

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WP No. 38320 of 2026

To

1. The Regional Passport Officer, Regional Passport Office, Chennai, Royala Towers No. 2 and 3, IV Floor, 158, Anna salai, Chennai -600002.

2. The Inspector of Police, Cheranmahaadevi Police Station, Tirunelveli Distirct.

3. The Inspector of Police, Avadi Police Station.

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WP No. 38320 of 2026

P.T.ASHA J. KAN WP No. 38320 of 2026 13-10-2026

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