Siluvai Vinoltan v. The Regional Passport Officer

O R D E R The present Writ Petition has been filed seeking a Mandamus as against the first respondent for renewal of passport of the petitioner based upon his application dated 12.07.2025.

2.The learned Government Advocate (Crl.Side) appearing for the second respondent brought to the notice of this Court that the petitioner has been implicated in a criminal case in C.C.No.830 of 2025 on the file of the District Munsif cum Judicial Magistrate Court, Radhapuram, and he was convicted. However, he was released under Section 4 (1) of the provisions of the Probation of Offenders Act, 1958.

¶3The learned Central Government Standing Counsel appearing for the first respondent submits that as per the order of the criminal Court, the petitioner is under the supervision by the Probation Officer for a period of two years. In such circumstances, the petitioner could not travel abroad.

¶4Heard both sides and perused the materials available on record.

¶5A perusal of the order passed by the criminal Court in CC.No.830 of 2025 on the file of the District Munsif – cum-Judicial Magistrate Court, Radhapuram reveals that the petitioner has been convicted and he has been released under Section 4 (1) of the Probation of Offenders Act, 1958. It is further stated that he is under the supervision by the Probation Officer for a period of two years.

¶6Section 12 of the Probation Offenders Act, is extracted as follows:

¶12Removal of disqualification attaching to conviction "Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law: Provided that nothing in this section shall apply to a person who, after his release under section 4, is subsequently sentenced for the original offence".

¶7In view of the above said provision, the petitioner has not been disqualified, in view of the conviction order passed by the criminal Court and in the light of the above said facts, the first respondent is directed to consider the application of the writ petitioner for renewal of passport and pass orders within a period of four weeks from the date of receipt of a copy of this order.

¶8With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs.

04.12.2025 NCC : Yes/No

Index : Yes / No Internet : Yes / No ebsi To

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Madurai.

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

¶3The District Munsif cum Judicial Magistrate, Radhapuram. R.VIJAYAKUMAR,J. ebsi W.P(MD)No.31408 of 2025

04.12.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.31408 of 2025 Siluvai Vinoltan ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Madurai. 2. The Inspector of Police, Uvari Police Station, Uvari, Tirunelveli. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to process the renewal application of the petitioner in File No. MD 2078252257915, in accordance with law, within a time frame that may be fixed by this Court. For Petitioner : Mr.R.Ponkarthikeyan For R1 : M/s.S.Mahalakshmi Central Government Standing Counsel For R2 : Mr.S.Prakash Government Advocate (Criminal Side)