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Madras High CourtWP/8107/2022closed

Hameed Ali v. Union Of India

2024-01-04Honourable Dr Justice Anita Sumanth5 pages

2024:MHC:5645

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.8088 of 2022 Hameed Ali .. Petitioner vs 1.Union of India Rep. by its Secretary, Ministry of Home Affairs, New Delhi.

2.The Chief Immigration Officer, Shastri Bhavan Annex, No.26, Haddows Road, Chennai - 600 006.

3.The Inspector of Police, W-16, All Women Police Station, Pulianthope, Chennai - 12.

4.Mrs.Marliya Banu (R4 suo motu impleaded as per order dated 20.11.2023) .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing 2nd respondent to cancel/lift/withdraw the Lookout Circular, if any, issued as against the petitioner herein and consequently, permit the petitioner to travel from Saudi Arabia to Chennai and return to Saudi Arabia, in Passport No. S5774923.

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For Petitioner :

Mr.S.Haja Mohideen Gisthi For Respondents :

Mr.John for Mr.Infant Dinesh for R1, R2 Mr.N.Muthuvel, Government Advocate for R3 Mr.R.Thiagarajan for R4

ORDER

The petitioner has sought a mandamus directing the second respondent / Chief Immigration Officer, Chennai to cancel / lift / withdraw the Lookout Circular issued as against the petitioner and permit him to travel from Saudi Arabia to Chennai and return to Saudi Arabia using his passport no. S5774923. 2.

The petitioner would state that the necessity for this writ petition arose since he was unlawfully detained in the Airport. 3.

This matter has come up for hearing on several occasions and notice was initially issued on 14.04.2022. It appears that immediately thereafter, a typed-set has been filed by learned counsel for R1 and R2 on 19.04.2022, which, unfortunately does not appear to have been served on other counsel and has been brought to my notice only today.

4.

That typed-set contains a letter from FRRO/Chennai addressed to the Central Government Standing Counsel and reads as follows:- 2/5

"

Dated the 11 Apr 2022 To Shri Infant Dinesh L, ACGSC, 1L, 1st Floor, No.1, Gaitey Palace, Blackers Road, Anna Salai, Chennai - 600 002.

Email ID : infantdinesh@gmail.com Sir, Sub:-WP No.8107/2022 - Hameed Ali Vs. Union of India & 2 others - reg.

*** Please refer to your letter dated 08.04.2022 on the abovementinoed subject.

The 1st and 2nd respondents have not initiated any Look Out Circular against the petitioner. Immigration authorities act only on LOC requests made by the various government Law Enforcement Agencies.

2. It is, therefore, humbly submitted that the Hon'ble High Court may direct the concerned government agency, under whom an enquiry/investigation may be pending against the petitioner, to take a call in this matter.

3. The Hon'ble High Court may please be informed accordingly for the dismissal of the case since the WP is devoid of merits and thus render justice."

5.

This writ petition stands closed recording that there is no necessity for mandamus in light of the above communication. No costs. Connected miscellaneous petition is closed. 04.01.2024 Index:Yes/No ssm 3/5

To 1.The Secretary, Ministry of Home Affairs, New Delhi.

2.The Chief Immigration Officer, Shastri Bhavan Annex, No.26, Haddows Road, Chennai - 600 006.

3.The Inspector of Police, W-16, All Women Police Station, Pulianthope, Chennai - 12.

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DR. ANITA SUMANTH,J.

ssm 04.01.2024 5/5