P.Senthilkumar v. The Chief Immigration Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.03.2024
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and W.M.P.Nos.11720 of 2021 P.Senthilkumar S/o Periyasamy ... Petitioner vs.
1. The Chief Immigration Officer, Bureau of Immigration, Ministry of Home Affairs, Sastri Bhavan, Haddows Road, Chennai.
2. The Superintendent of Police, The Nilgiris District, Udhagamandalam, Tamilnadu.
3. State represented by Inspector of Police Devarsolai Police Station, Nilgiris.
..Respondents Prayer in W.P. : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned LOC (Look Out Circular) No.1/IC/ACK/LOC/2019 on 30.12.2019 issued by the first respondent and quash the same and further direct the first respondent to lift the impugned LOC (Look Out Circular) No. 1/IC/ACK/LOC/2019 on 30.12.2019 so as to enable the petitioner to 1/5
come to India.
For Petitioner : Mr.K.Sathyabal For Respondents : Mr.R.Subramanian, Central Govt.Standing mCounsel for R1 Mrs.C.Meera Arumugam, Additional Government Pleader for R2 & R3.
O R D E R
This Writ petition has been filed challenging the LOC (Look Out Circular) No.1/IC/ACK/LOC/2019 on 30.12.2019 issued by the first respondent and further direct the first respondent to lift the impugned LOC (Look Out Circular) No. 1/IC/ACK/LOC/2019 on 30.12.2019 so as to enable the petitioner to come to India.
2. The case of the petitioner is that he got married with one Dhanya in the year 2016. After the marriage both started their matrimonial life in Abudhabi. In the year 2017, his wife gave birth to a boy child at her mother's place. After delivery, his wife used to stay only in her mother's place at Devar Solai, Nilgiris. On 02.06.2019, she eloped with one Siva Chidambaram. The petitioner came to India on 04.06.2019 and gave police complaint to find out his wife and child. The police traced his wife at Coimbatore but she refused to leave her paramour. They were 2/5
summoned by the 3rd respondent police. In the enquiry, his wife said that she and Siva Chidambaram are living as husband and wife and she did not want to live with the petitioner. The entire enquiry was videographed. In that situation, the petitioner, for the welfare of his son, wanted the custody of his son.The petitioner requested his wife and took his son with him on 06.12.2019 to Abudhabi. On 11.12.2019, his wife gave a complaint to the third respondent. However, the 2nd and 3rd respondents asked the first respondent to issue a Look Out Notice to prevent the petitioner from going to Abudhabi. But before issuing the Look Out Notice, the petitioner had gone to Abudhabi along with his son. Thereafter, on 30.12.2019, the first respondent issued the impugned Look Out Notice. Hence, the present writ petition challenging the same.
3. Today, when the matter is taken up for hearing, the learned standing counsel appearing for the first respondent produced a copy of the proceedings dated 04.03.2024 regarding deletion of LOC in respect of PERIYASAMY SENTHIL KUMAR/ the petitioner herein and would state that the Look Out Notice was withdrawn as against the petitioner and the same was also intimated to all the respondents.
4. In view of the above, nothing further survives for adjudication in 3/5
the present writ petition. Recording the above submission made by the learned Standing Counsel for the first respondent, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petitions is closed.
26.03.2024 Index :yes/No Speaking /Non speaking order vsi To
1. The Chief Immigration Officer, Bureau of Immigration, Ministry of Home Affairs, Sastri Bhavan, Haddows Road, Chennai.
2. The Superintendent of Police, The Nilgiris District, Udhagamandalam, Tamilnadu.
3. The Inspector of Police, Devarsolai Police Station, Nilgiris.
J.NISHA BANU, J.
4/5
vsi 26.03.2024 5/5