S.P.Udayakumar v. The Assistant Director (Sic)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR S.P.Udayakumar ... Petitioner Vs.

1.The Assistant Director (SIC), Bureau of Immigration, Ministry of Home Affairs, East Block-8, Level-5, Sector-1, R.K.Puram, New Delhi.

2.The Superintendent of Police, O/o.Superintendent of Police, Tirunelveli District, Tiruenlveli.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned communication in Na.Ka.No. 41-1/X/SB/TIN/2024 dated 23.03.2024 on the file of the first and second respondents to withdraw the lookout circular issued against the petitioner.

For Petitioner : Mr.T.Seeni Syed Amma M/s.Roy and Roy Associates For R1 : Mr.V.Malyendran Additional Solicitor General of India For R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/5

ORDER

This Writ Petition has been filed challenging the communication in Na.Ka.No.41-1/X/SB/TIN/2024 dated 23.03.2024 on the file of the first and second respondents to withdraw the lookout circular issued against the petitioner.

2.This Court by an order date 08.01.2025, has passed the following order:

"The second respondent has filed a status report today, stating that on 23.03.2024, he had sent a letter to the first respondent, requesting the withdrawal of the Look-Out Circular (LOC) issued against the petitioner in No. 2013400462/420355. This was followed by another letters on 02.05.2024 and 04.06.2024, seeking updates on the current status of the LOC to determine further action. The second respondent also informed that this Court, in Cont.P.(MD)No.1605 of 2024 in W.P.(MD)No. 25272 of 2023, found that the second respondent (the Originator) had taken necessary steps, closed the contempt petition. This Court now requires the first respondent to clarify the actions taken and whether the orders of this Court have been complied with or not.

2. On the previous hearing, i.e., on 11.12.2024, Mr.K.Govindarajan, learned Deputy Solicitor General of India took notice on behalf of the first respondent. Today, 2/5

Mr.V.Malaiyendran, learned counsel, appeared on behalf of the Deputy Solicitor General of India and requested a small accommodation, citing personal inconvenience preventing the Deputy Solicitor General of India from attending the Court.

3. Post on 10.01.2025 under the caption ''for orders''. In the meantime, the Originator will send an email directly to the first respondent."

3.Today, when the matter is taken up for hearing, the learned Deputy Solicitor General of India had produced a copy of the mail submitted by the FRRO, Chennai wherein it is seen that the Look Out Circular in LOC No.2013400462/420355 has already been deleted on 12.02.2020 as the LOC was reviewed by the originator as mandate of MHA OM pertaining to LOC.

4.In view of the same, the petitioner's apprehension is unwarranted as already in the year 2020 itself, the look out circular issued against him has been deleted and the petitioner has got no restriction to travel. 5.This Writ Petition is disposed of accordingly. NCC : Yes / No 10.01.2025 Index : Yes / No ta 3/5

To 1.The Assistant Director (SIC), Bureau of Immigration, Ministry of Home Affairs, East Block-8, Level-5, Sector-1, R.K.Puram, New Delhi.

2.The Superintendent of Police, O/o.Superintendent of Police, Tirunelveli District, Tiruenlveli.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

M.NIRMAL KUMAR, J.

ta 10.01.2025 5/5