Althaf A v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Monday, the Ninth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in W.P.(MD)No.16168 of 2021 A. Althaf S/o. Abdul Azeez, 191/1 Aruguvilai Main Rd. Krishankovil, Nagercoil, Kanyakumari District ... Petitioner in both the WMPs.
Vs 1 The Superintendent of Police Nagercoil, Kanyakumari District.
2 The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District 3 The Chief Immigration Officer, Shastri Bhavan Annex Buildings, 20,Haddows Road. Nongambakkam, Chennai-6.
4 The Chief Immigration Officer 3rd Floor, Airlines Building, Cochin International Airport Ltd. Airport Post, Cochin, Kerala.
5 Mohamed Shameena, D/o.Maideen Abubucker No.B-22 Mela Theru Mathavalaayam Nagercoil Kanyakumari District. (R5 is Impleaded Vide Court Order Dated 21.10.2021) 6 The Regional Passport Officer, Madurai.
7 The Registrar, Anna University, Guindy, Chennai.
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8 The Correspondent, CSI Institute of Technology, Thovalai, Kanyakumari District.
(R6 to R8 are Suo Motu Impleaded Vide Court Order Dated 22.11.2021 in WP(MD).16168/2021) ... Respondents/Respondents in both the WMPs.
Prayer in WMP(MD). No.22545 of 2022:- Writ Miscellaneous Petition filed Under Article 226 of the Constitution of India to extend the time to comply the order made in W.P.(MD).No.16168 of 2021 dated 01.12.2021 and thus render justice. Prayer in WMP(MD). No.22639 of 2022:- Writ Miscellaneous Petition filed Under Article 226 of the Constitution of India to direct the 6th respondent to restore the original validity of Petitioner's passport bearing Passport No.M5713631 in the light of compliance made in W.P.(MD).No.16168 of 2021 dated 22.11.2021.
Prayer in W.P.(MD)No.16168 of 2021:- Writ Petition is filed under Article 226 Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order dated 04.08.2021 passed by the second respondent and the Look Out Circular in LOC Suspect No.2141400 dated 15.02.2021 opened at the request of the first respondent in letter/memo No.C.No.D3/143/CRIME/DCRB/KK1/21 and quash the same. ORDER:- These Writ Miscellaneous Petitions coming on for orders on this day and upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/s. G. Karuppasamy Pandiyan, Advocate for the Petitioner in both the WMPs and of Mr. E. Antony Sahaya Prabahar, Additional Public Prosecutor for Respondents 1 & 2,in both the WMPs, Mr. S. Jeyasingh, Central Govt.
Standing Counsel for the Respondents 3,4 & 6 in both the WMPs, Mr. P.T. Ramesh Raja, Advocate for the 5th Respondent in both the WMPs and the Respondents 7 & 8 did not appear either in person or by an Advocate, and this Court made the following order: The petition in W.M.P.(MD)No.22545 of 2022 has been filed for seeking extension of time to comply with the order of this Court made in W.P.(MD)No.16168 of 2021 dated 01.12.2021.
2. The petition in W.M.P.(MD)No.22639 of 2022 has been filed seeking orders to direct the sixth respondent to restore the original validity of the petitioner's passport bearing passport 2/4
No.M5713631 in the light of compliance made in W.P.(MD)No.16168 of 2021.
3. It is seen from the records that this Court vide order dated 01.12.2021, while quashing the proceedings pending between the parties, directed the petitioner to pay the balance amount of Rs.10 lakhs to the fifth respondent on or before 22.11.2022 and also this Court vide order dated 22.11.2021 has directed the Regional Passport Officer, Madurai to restrict the validity period of the passport of the petitioner to December 31st 2022.
4. The learned counsel appearing for the petitioner would submit that the petitioner has paid Rs.10 lakhs as Demand Draft bearing No.001318 dated 06.12.2022 drawn in favour of the fifth respondent Mohamed Shameena and the learned counsel appearing for the fifth respondent would submit that he has received the said Demand Draft.
5. The learned counsel appearing for the respondents 3, 4 and 6 would submit that the petitioner's passport is valid till 16.02.2026 and that since the petitioner has complied with the order of this Court, the direction of this Court to the Regional Passport Officer, Madurai to restrict the validity period of the passport of the petitioner to December 31st 2022 is lifted.
6. In view of the above, these miscellaneous petitions are allowed and consequently, the Regional Passport Officer, Madurai is directed to restore the original validity of the petitioner's passport.
Sd/- Assistant Registrar (CO) // True Copy // /01/2023 Sub Assistant Registrar(CS) csm TO 1 The Superintendent of Police Nagercoil, Kanyakumari District.
2 The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District 3 The Chief Immigration Officer, Shastri Bhavan Annex Buildings, 20,Haddows Road. Nungambakkam, Chennai-6.
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4 The Chief Immigration Officer 3rd Floor, Airlines Building, Cochin International Airport Ltd. Airport Post, Cochin 68311, Kerala.
5. The Regional Passport Officer, Madurai.
6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
1. The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.
2. The Section Officer, ER Section, Madurai Bench of Madras High Court, Madurai + 2 c.cs. To M/s. S. Jeyasingh SR.No.1620, 1859 + 2.c.cs. To M/s. G. Karuppasamy Pandiyan SR.No.1697, 1698 ORDER DATED : 09/01/2023 ==========================
ORDER
========================== WMP(MD). No.22545 of 2022 and WMP(MD)No.22639 of 2022 in W.P.(MD)No.16168 of 2021 Giving direction and etc.
as stated within.
RD(20/01/2023) 4P 13C 4/4