Allowed

Siluvai Vinoltan v. The Regional Passport Officer

Madras HC29 Oct 2024WP(MD)/25875/2024

Case brief

AI extract

What is this about?

Petitioner's passport renewal was refused on an adverse police report citing pending criminal case C.C.No.257 of 2023. The Court set aside the refusal letter and directed the petitioner to seek permission from the trial court, which must dispose of such petition within three weeks, mindful that right to travel abroad is a fundamental right.

What did the court decide?

Impugned letter Ref No.SCN/318619789/24 dated 20.07.2024 set aside; liberty given to petitioner to move trial court; connected miscellaneous petition closed.

Siluvai Vinoltan Vs The Regional Passport Officer — Writ and Judicial Review | Madras HC (2024)

¶1

W.P.(MD).No.25875 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 29.10.2024

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

¶6

W.P.(MD)No.25875 of 2024 and W.M.P(MD).No.21956 of 2024

Siluvai Vinoltan

... Petitioner

Vs.

1.The Regional Passport Officer, Madurai Region, Bharathi Ula Street, Madurai.

¶11

2.The Inspector of Police, Uvari Police Station, Tirunelveli District. ... Respondents

¶12

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned letter Ref No.SCN/318619789/24 dated 20.07.2024 passed by the first respondent and quash the same illegal and direct the first respondent herein to renew and reissue the passport No.M5924507 to the petitioner based on the petitioner's application vide File NO.MD2076672473524 within a reasonable time stipulate by this Court.

¶13

For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.M.Vaikkam Karunanithi (for R2) Government Advocate (crl.side)

¶14

https://www.mhc.tn.gov.in/judis Page No.1/4

¶15

W.P.(MD).No.25875 of 2024

¶16

Heard both sides.

¶17

ORDER

¶18

2.The petitioner seeks re-issuance/renewal of passport. He has submitted an application before the jurisdictional passport officer. However, the first respondent passed the impugned order stating that an adverse police report has been received against the petitioner as if a case in Crime No.161 of 2012 is pending against the petitioner.

¶19

3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the criminal case registered against the petitioner has since been charge sheeted and it has been taken on file in C.C.No.257 of 2023 on the file of the learned Judicial Magistrate, Valliyoor.

¶20

The petitioner is given liberty to move the trial Court for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may

¶21

https://www.mhc.tn.gov.in/judis Page No.2/4

¶22

W.P.(MD).No.25875 of 2024

¶23

be at stake if he is denied the right to go abroad. Therefore, the trial Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 205 of Cr.P.C by executing a special vakalat.

¶24

5.Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer who shall dispose of the petition-mentioned application in terms of the said order.

¶25

6.This writ petition is allowed on these terms and the impugned letter Ref No.SCN/318619789/24 dated 20.07.2024, passed by the first respondent is set aside. No costs. Consequently, connected Miscellaneous Petition is closed.

¶26

29.10.2024

¶27

Index : Yes / No NCC : Yes / No Rmk

¶28

https://www.mhc.tn.gov.in/judis Page No.3/4

¶29

W.P.(MD).No.25875 of 2024

¶30

N.SATHISH KUMAR, J.

¶31

Rmk

¶32

¶33

1.The Regional Passport Officer, Madurai Region, Bharathi Ula Street, Madurai.

¶34

2.The Inspector of Police, Uvari Police Station, Tirunelveli District.

¶35

W.P.(MD)No.25875 of 2024

¶36

29.10.2024

¶37

https://www.mhc.tn.gov.in/judis Page No.4/4

Siluvai Vinoltan v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Siluvai Vinoltan v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sankaran. N Vs The District Registrar

Jesikala, Vs the District Registrar

Siddarth C S Vs The Director

Arumugam P K N Vs The Commissioner of Madurai City Municipal Corporation

M. Thangavel Pandian Vs The Assistant Executive Engineer

A. Mohaideen Vs The District Registrar