W.P.No.32016 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.08.2026 CORAM : THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.32016 of 2026 Eswaran .. Petitioner Versus 1. The Regional Passport Officer, Regional Passport Office, 1st Floor, Corporation Commercial Complex Opp, Thandumariamman Koil, Avinashi Road, Coimbatore – 641 018. 2. The Inspector of Police, Elachipalayam Police Station, Namakkal District. .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondent to issue passport to the petitioner based on the petitioner passport application file No:CB3066702703926 dated 20.04.2026 within a stipulated time and in accordance with law. For Petitioners : Mr.T.Dhasarathan For Respondents : Mr.A.Poornachander, Central Government Counsel 1/4 https://www.mhc.tn.gov.in/judis W.P.No.32016 of 2026 : Mr.Durai Gunasekaran, Government Advocate for R2 ORDER The prayer in this Writ Petition is to issue passport to the petitioner within the time specified upon the application of the petitioner. 2. When the matter is taken up for hearing, the learned Central Government Counsel for the first respondent would submit that upon receipt of an adverse Police report, the passport is not issued. 3. Learned Government Advocate for the second respondent would submit that there is a case pending against the petitioner in Crime No.160 of 2022 at the stage of investigation.

4. Considering the above and considering the dictum of the Hon’ble Full Bench of this Court in Jawahar Rajan Vs. Regional Passport Officer and Anr. [W.P.(MD).No.26547 of 2025] inasmuch as it held that before taking cognizance of the offence, mere pendency of the First Information Report itself cannot be treated as a Criminal Case, this Writ Petition is allowed on the following terms:-2/4 https://www.mhc.tn.gov.in/judis W.P.No.32016 of 2026 (i) The first respondent shall consider the application of the petitioner dehors the pendency of the First Information Report and process the application, issue passport to the petitioner if there is no other impediment. (ii) The aforesaid exercise shall be completed within a period of two months from the date of receipt of a web-copy of this order. (iii) There shall be no order as to costs. 13.08.2026 Neutral Citation : no grs To 1. The Regional Passport Officer, Regional Passport Office, 1st Floor, Corporation Commercial Complex Opp, Thandumariamman Koil, Avinashi Road, Coimbatore – 641 018. 2. The Inspector of Police, Elachipalayam Police Station, Namakkal District. 3/4 https://www.mhc.tn.gov.in/judis W.P.No.32016 of 2026 D.BHARATHA CHAKRAVARTHY, J. grs W.P.No.32016 of 2026 13.08.2026 4/4 https://www.mhc.tn.gov.in/judis

W.P.No.32016 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.08.2026 CORAM : THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.32016 of 2026 Eswaran .. Petitioner Versus 1. The Regional Passport Officer, Regional Passport Office, 1st Floor, Corporation Commercial Complex Opp, Thandumariamman Koil, Avinashi Road, Coimbatore – 641 018. 2. The Inspector of Police, Elachipalayam Police Station, Namakkal District. .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondent to issue passport to the petitioner based on the petitioner passport application file No:CB3066702703926 dated 20.04.2026 within a stipulated time and in accordance with law. For Petitioners : Mr.T.Dhasarathan For Respondents : Mr.A.Poornachander, Central Government Counsel 1/4 https://www.mhc.tn.gov.in/judis W.P.No.32016 of 2026 : Mr.Durai Gunasekaran, Government Advocate for R2 ORDER The prayer in this Writ Petition is to issue passport to the petitioner within the time specified upon the application of the petitioner. 2. When the matter is taken up for hearing, the learned Central Government Counsel for the first respondent would submit that upon receipt of an adverse Police report, the passport is not issued. 3. Learned Government Advocate for the second respondent would submit that there is a case pending against the petitioner in Crime No.160 of 2022 at the stage of investigation.

4. Considering the above and considering the dictum of the Hon’ble Full Bench of this Court in Jawahar Rajan Vs. Regional Passport Officer and Anr. [W.P.(MD).No.26547 of 2025] inasmuch as it held that before taking cognizance of the offence, mere pendency of the First Information Report itself cannot be treated as a Criminal Case, this Writ Petition is allowed on the following terms:-2/4 https://www.mhc.tn.gov.in/judis W.P.No.32016 of 2026 (i) The first respondent shall consider the application of the petitioner dehors the pendency of the First Information Report and process the application, issue passport to the petitioner if there is no other impediment. (ii) The aforesaid exercise shall be completed within a period of two months from the date of receipt of a web-copy of this order. (iii) There shall be no order as to costs. 13.08.2026 Neutral Citation : no grs To 1. The Regional Passport Officer, Regional Passport Office, 1st Floor, Corporation Commercial Complex Opp, Thandumariamman Koil, Avinashi Road, Coimbatore – 641 018. 2. The Inspector of Police, Elachipalayam Police Station, Namakkal District. 3/4 https://www.mhc.tn.gov.in/judis W.P.No.32016 of 2026 D.BHARATHA CHAKRAVARTHY, J. grs W.P.No.32016 of 2026 13.08.2026 4/4 https://www.mhc.tn.gov.in/judis