BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.22069 of 2023 Murugesan ... Petitioner Vs.

1.The Government of India, Ministry of External Affairs, New Delhi.

2.The Government of India, Ministry of External Affairs, Regional Passport Office, Trichy District, Trichy.

3.The Foreign Regional Registration Officer, Bureau of Immigration, Ministry of Home Affairs, Government of India, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai.

4.The Indian Embassy at Singapore, High Commission of India, 31, Grange Road, Singapore - 239 702. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent to renew the petitioner's passport No.Z2906811 for the period of four years by considering his application dated 15.07.2023 to enabling him to renew his Visa No.G7703966Q and S Pass No.0 33198930 to work in DYNA-MAC Engineering Services Pte Ltd at Singapore as Piping Supervisor as per their Communication dated 20.07.2023 in continuation of his permit by ensuring his fundamental rights of employment and live with liberty guaranteed Under Article 19(1)(g) and 21 of Constitution of India, pending disposal of Criminal Appeal (MD) No.391/2022 on the file of the High Court of Judicature at Madras Madurai bench, within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.G.Rajaraman, Central Government Standing Counsel.

ORDER

Heard the learned counsel for the writ petitioner and the learned Central Government Standing Counsel for the respondents.

2.The writ petitioner is a holder of Indian passport. He is presently working in Singapore. The validity of the petitioner's passport is to expire in 2024. As per the norms laid down by the petitioner's employer, he must obtain renewal well in advance. Copy of the communication dated 20.07.2023 received form the employer is as follows:-

“PRIVATE & CONFIDENTIAL

20 July2023 SOLAI ANDAVAR MURUGESAN(M631)

FIN NO.G7703966Q Re: Renewal of Singapore Work Pass (S-Pass) Renewal To Whom it may Concern, This is to certify that from July 13, 2005, until the present, Mr. SolaiAndavar Murugesan, Fin No.G7703966Q, has been working for Dyna-Mac Engineering Services Pte Ltd as a Production Piping Supervisor.

The purpose of this letter is to let you know that Mr. SolaiAndavar Murugesan's existing Work Pass (S-pass) expires on January 13, 2024, and that a renewal application must be submitted by November 20, 2023.

We are happy to certify in this letter that we will renew his work permit for an additional three years. The work permit can only be renewed if the passport's validity period is at least Four years.

This Certification being issued for whatever purposes it may serve Yours Sincerely Wee Mui Lin (Ms)

HR/Admin Manager”

The passport authority is willing to renew the petitioner's passport but would restrict the validity period to one year. The reason for doing so is because the petitioner had suffered conviction and sentence as Accused No.4 in Spl.S.C.No.26 of 2018 on the file of Mahila Court, Pudukkottai. Of course, the petitioner has filed appeal before this Court in Crl.A.(MD)No.391 of 2022 and the sentence has been suspended on 14.07.2022 in Crl.M.P.(MD)No.6991 of 2022. As per the condition imposed by this Court, the petitioner is presently appearing before the Indian Embassy at Singapore on the first working day of every month.

3.The only question that calls for consideration is whether the petitioner's passport can be renewed for a further period of four years.

4.The learned counsel for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to grant relief as prayed for.

5.The learned Central Government Standing Counsel for the respondents contends that since the petitioner is facing conviction and sentence which has only been suspen