Azaruthin Shahul Hameed v. The Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No. 21210 of 2016 and W.M.P. No. 18130 of 2016 Azaruthin Shahul Hameed ... Petitioner Vs

1. The Passport Officer, Regional Passport Office, Ministry of External Affairs, Chennai Rayala Towers Nos.2 & 3, 4th Floor, Old.No. 785, New No.158, Anna Salai, Chennai - 600 002.

2. The Station House Officer, B.N. Kandriga Police Station, Crime No.36 of 2015, Chittor District, State of Andra Pradesh.

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records relating to the impugned order made in Letter Ref. No. IMP/304118941/16 dated 10.06.2016 passed by the 1st respondent, quash the same and consequently, forbear the respondents from interfering with the petitioner's personal liberty of going abroad with the help of Passport bearing No.Z2697903.

For Petitioner :Ms. A.S.Neela Narayani For Respondents :Ms. Sunitha Kumari Central Government Standing Counsel [For R1]

No Appearance - R2

O R D E R

The order dated 10.06.2016 passed by the first respondent viz., Passport Officer, Regional Passport Office, Chennai is under challenge in the present writ petition.

2. The order impugned states that an intimation of impounding of the Passport bearing No.Z2697903 which was provided to the petitioner. Further, it is stated in the impugned that the passport was impounded on account of the fact that a criminal case was pending before the Court against the petitioner. In view of that, the passport belongs to the petitioner was impounded.

3. This being the reason stated in the order impugned, the petitioner is at liberty to approach the authorities competent, after the disposal of the criminal case and the authorities have to consider the claim of the petitioner, if there is no impediment for the petitioner under the procedures of the Statute and Rules in force.

4. With the above clarifications, this writ petition stands dismissed. No costs. Consequently, connected writ miscellaneous petition is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR nti/Maya To

1. The Passport Officer, Regional Passport Office, Ministry of External Affairs, Chennai Rayala Towers Nos.2 & 3, 4th Floor, Old.No. 785, New No.158, Anna Salai, Chennai - 600 002.

2. The Station House Officer, B.N. Kandriga Police Station, Crime No.36 of 2015, Chittor District, State of Andra Pradesh.

W.P.No. 21210 of 2016 ssv[co] srg 23/12/2021