Ahamed Zarook Pirabu Shamu Naina v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.A.No. 2742 of 2024 and C.M.P.No.20108 of 2024 Ahamed Zarook Pirabu Shamu Naina ...Appellant Vs.

1. Union of India, Deputy Director, Directorate of Enforcement, Government of India, Chennai 600 006.

2. Assistant Director, Directorate of Enforcement, Chennai Zonal Office, No.2, 5th and 6th Floor, BSNL Administrative Building, Kushkumar Road, Nungambakkam, Chennai 600 034.

3. Regional Passport Office, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai 625 002 TamilNadu

...Respondents

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Prayer : Writ Appeal filed under Clause 15 of the Amended Letters Patent, 1865 to set aside the order dated 08.04.2024 made in Writ Petition No.9570 of 2024.

For Appellant : Mr.Abhirame K For Respondents : Mr.N.Ramesh, for R2 No appearance for RR1 & 3 ****

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) Under similar circumstances, a Division Bench of this Court in WA No.1596 of 2024 has passed the following orders: "8. In the light of the above submissions, we issue the following directions:

(a) The appellant shall go over to the office of the second respondent and give an affidavit of undertaking before the second respondent that he will attend the enquiry or appear during the proceedings, as and when required by the second respondent.

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(b) On such undertaking being given by the appellant, the second respondent shall take steps to keep the look out notice in abeyance to ensure the free movement of the appellant from and to India.

(c) If the appellant violates the undertaking or does not cooperate with the second respondent during the conduct of the enquiry or proceedings, the look out notice can once again be renewed or issued afresh against the appellant."

2. In view of the same, this Writ Appeal will stand disposed of with the above conditions. On compliance with the conditions set out above, the Passport Authority will renew the Passport of the appellant. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.) (C.KUMARAPPAN, J.) jv 21.12.2024 Index : No 3/5

: No Speaking Order To

1. Union of India, Deputy Director, Directorate of Enforcement, Government of India, Chennai 600 006.

2. Assistant Director, Directorate of Enforcement, Chennai Zonal Office, No.2, 5th and 6th Floor, BSNL Administrative Building, Kushkumar Road, Nungambakkam, Chennai 600 034.

3. Regional Passport Office, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai 625 002 TamilNadu 4/5

R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

jv W.A.No. 2742 of 2024 21.12.2024 5/5