Madras High CourtWP/27928/2021disposed of

Mr. Ashish Mundhra v. The Bureau Of Immigration

2022-01-03Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.27928 of 2021 and W.M.P.No.29487 of 2021 Ashish Mundhra ... Petitioner Vs

1. The Bureau of Immigration, Ministry of Home Affairs, Government of India, Rep by its Commissioner (Immigration) East Block VIII, Level V, Sector 1, R.K. Puram, New Delhi-110 066.

2. The Foreigner Regional Registration Officer (FRRO), Bureau of Immigration, Ministry of Home Affairs, Government of India, Sastri Bhavan Annex Building, No.26, Haddows Road, Chennai-600 006.

3. The Assistant Foreigners Regional Registration Officer, Bureau of Immigration, Anna International Airport, Meenambakkam Airport, Chennai-600 027.

4. The Senior Intelligence Officer, Directorate of Revenue Intelligence, Kolkata Zonal Unit, No.8, Hochi Min Sarani, Kolkatta-700 071.

5. The Senior Intelligence Officer, Directorate of Revenue Intelligence, Chennai Zonal Unit, Lakhsmi Colon, T. Nagar, Chennai-600 017.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 & 3 to permit the petitioner holding Indian Passport No.Z2399758 issued on 11.03.2013, to travel abroad for business purpose considering the representation dated 19.08.2021, followed by email dated 23.08.2021.

For petitioner :

Mr. Murali Krishnan for M/s. McGAN LAW FIRM For Respondents 1 -3 :

M/s. Pracilia Pandian

ORDER

The present petition has been filed seeking a direction to the respondents directing the respondents 2 & 3 to permit the petitioner holding Indian Passport to travel abroad for business purpose, pursuant to the representation dated 19.08.2021.

2. The case of the petitioner is that he is engaged in the business of trading gold bullion and jewellery in India and also abroad. He is holding Indian passport bearing No.Z2399758. When the petitioner intended to travel to Dubai on 10.12.2020, the respondent officials prevented him from travelling outside India stating that he was issued with a look-out circular by the 5th respondent herein in connection with a case in C.C.No.791 of 2020 which is under the investigation of the 4th respondent. Though after making recommendations to the respondents 4 & 5 for withdrawal of a look-out circulars, the same was not considered. Aggrieved by the same, the petitioner approached this Court by way of Writ Petition in W.P.No.8347 of 2021 and the same was disposed of granting liberty to the petitioner to approach the concerned authority for appropriate relief. Based on which, the petitioner had made a representation to the 3rd respondent herein on 19.08.2021. However, the same has not been considered. Hence, the present Writ Petition is filed seeking the aforesaid relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents 2 & 3 to permit the petitioner to travel abroad for business purpose based on the representation made by the petitioner.

4. Learned counsel for respondents has no objection to

the said order being passed and further submits that the petitioner's representation will be disposed of within the time frame fixed by this Court.

5. Heard the learned counsel on the either side and perused the materials available on record.

6. Upon perusal of the materials available on record and taking note of the submission of the learned counsel for the respondents, this Court without going into the merits of the case, directs the respondents 2 & 3 to consider the representation dated 19.08.2021 made by the petitioner and dispose of the same in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar NHS To