M.Natarajan v. The Regional Passport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2012
CORAM
THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR W.P.No.23556 of 2012 M.Natarajan ... Petitioner Vs
1. The Regional Passport Officer, Regional Passport Office, Shastri Bhavan, No.26, Haddows Road, Chennai 600 006.
2. The Chief Immigration Officer, Shastri Bhavan, No.26, Haddows Road, Chennai 600 006.
3. The Inspector of Police, SPE/CBI/ACB/Chennai 6, (Haddows Road, Shastri Bhavan).
... Respondents PRAYER : This writ petition is filed under Article 226 of the Constitution of India with a prayer to issue a Writ of Mandamus, directing to forbear the respondents from preventing the petitioner to go abroad, more particularly to London for Cultural Tour Programme from 28.08.2012 to 03.09.2012 to submit the petitioner papers in the Conference and return to India on 06.09.2012. For Petitioner :
Mr.G.Rajagopalan, SC for M/s.G.R.Associates For Respondents 1 & 2 :
Mrs.Seetha Lakshmi For 3rd Respondent :
Mr.N.Chandrasekaran
O R D E R
The prayer in the writ petition is for a Mandamus, forbearing the respondents from preventing the petitioner to go abroad, more particularly to London for Cultural Tour Programme from 28.08.2012 to 03.09.2012 to submit his papers in the Conference and return to India
on 06.09.2012.
2.
This Court passes an interim direction on 28.08.2012, granting permission to the petitioner to go abroad to London to attend the Cultural Tour Programme from 28.08.2012 to 03.09.2012, return to India on 06.09.2012 and report before the third respondentPolice on 07.09.2012. 3.
Learned Senior Counsel for the petitioner submitted that the petitioner, in terms of the above interim direction, visited London, returned to India on 06.09.2012 and reported before the third respondent on 07.09.2012. The said submission is not disputed by the learned counsel appearing for respondents 1 and 2. 4.
In view of the same, the prayer sought for in the writ petition has become infructuous, as on today. Hence, the writ petition is dismissed as infructuous. No costs. Being Mentioned This matter having been posted on Friday,the Eighth day of February 2013, on being mentioned in pursuance of the order dated 11.9.2012 and made herein in the presence of the above said counsel counsel on either side, this Court made the following Order: This petition is posted today under the caption"for being mentioned" at the instance of the learned counsel appearing for the petitioner.
2.In W.P.No.23556 of 2012, the petitioner has prayed for a writ of Mandamus,forbearing the respondents from preventing the petitioner to go abroad, more particularly, to London for Cultural Tour Program from 28.8.2012 to 3.9.2012 to submit the petitioner papers in the Conference and return to India on 6.9.2012.
3.During the time of hearing of the writ petition,on 28.8.2012, an interim order was passed by this Court,wherein the petitioner was permitted to go abroad more particularly to London to attend the Cultural Program on the above said dates and return to India. Subsequently, when the matter was posted on 11.9.2012, based on the said permission granted by this Court, the writ petition was disposed of as infructuous.
4.Learned counsel appearing for the petitioner submits that the larger issue relating to the prayer viz. forbearing the respondents from preventing the petitioner to go abroad still survives and as such, the order dated 11.9.2012 is put against the petitioner in going abroad.
5.In the view of the same,the order dated 11.9.2012 stands recalled and the writ petition is directed to be posted before the concerned Court on 12.02.2013.
Sd/- Asst.Registrar(P) /true copy/ Sub Asst.Registrar skm To
1. The Regional Passport Officer, Regional Passport Office, Shastri Bhavan, No.26, Haddows Road, Chennai 600 006.
2. The Chief Immigration Officer, Shastri Bhavan, No.26, Haddows Road, Chennai 600 006.
3. The Inspector of Police, SPE/CBI/ACB/Chennai 6, (Haddows Road, Shastri Bhavan).
W.P.No.23556 of 2012 RSY {CO} TP/27.9.2012.
BKY(CO) km/11.2.