Union Of India vs Cheruvathur Chakkutty Thampi @
2021 Latest Caselaw 12429 Mad

                                                                                   W.A.Nos.93 to 95/2017



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 25.06.2021

                                                       CORAM

                                      THE HONOURABLE MR.JUSTICE T.RAJA
                                                    and
                                   THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                             W.A.No.93 to 95/2017 and CMP.Nos.1636, 1638 and 1640/2017

                     1. Union of India
                        rep. by its Secretary,
                        Home Department, New Delhi.

                     2. The Directorate of Enforcement,
                        Government of India
                        rep. by its Deputy Director,
                        Room No.50, 6th Floor,
                        Lok Nayak Bhavan,
                        Khan Market, New Delhi.

                     3. The Directorate of Enforcement
                        rep. by its Director, Government of India,
                        Ministry of Finance, Cochin Zone,
                        4th Floor, Tharakkem Centre,
                        Banerjee Road, Cochin-682 018.

                     4. The Directorate of Enforcement,
                        Office of the Joint Director,
                        Directorate of Enforcement,
                        Chennai Zonal Office,
                        2nd and 3rd Floor,
                        Murugesa Naicker Complex,
                        No.84, Greams Road,
                        Chennai-600 006.                             ... Appellants in all W.As.
                                                      -vs-
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                                                                                W.A.Nos.93 to 95/2017



                     Cheruvathur Chakkutty Thampi @
                     C.C.Thampi                                 ... Respondent in all W.As.

Prayer: Writ appeals filed under Clause 15 of the Letters Patent against the

Common Order of the learned Single Judge made in W.P.Nos.1104 to

1106/2017 dated 24.01.2017.

For Appellants : Ms.G.Hema assisted by Mr.G.Rajagopalan, Addl. Solicitor General of India

For Respondent : Mr.Satish Parasaran, Senior Counsel for R.Parthasarathy

COMMON JUDGMENT

(Judgment of the Court was pronounced by T.RAJA.J)

This Writ Appeals have been directed against the Common Order

dated 24.01.2017 made in W.P.Nos.1104 to 1106/2017 by a learned Single

Judge of this Court.

2. Learned Counsel appearing for the appellants stated that

insofar as the W.A.No.93/2017 is concerned, though the W.P.No.1104/2017

has been filed seeking to issue a Writ of Mandamus, directing the appellants

herein/respondents therein to forthwith withdraw the Look Out Circular https://www.mhc.tn.gov.in/judis/

W.A.Nos.93 to 95/2017

(LOC) issued against the writ petitioner/respondent herein, pursuant to the

order dated 24.01.2017 passed by the learned Single Judge, directing the

appellants to withdraw the LOC, it was withdrawn. Likewise, the prayer of

the respondent herein in W.P.No.1105/2017 is concerned, it was also stated

that the writ petitioner/respondent herein was allowed to take the assistance

of his legal counsel and auditor on all personal hearings and now the

enquiry is going on. Therefore, the prayers in these two Writ Appeal have

already become infructuous. Now coming to the prayer in

W.P.No.1106/2017 seeking a direction to the 2nd respondent to release the

Passport bearing No.Z3313067 is concerned, pursuant to the earlier order

passed by the Division Bench of this Court dated 02.02.2017, directing the

2nd respondent to release the passport, the same has been released subject to

the furnishing of an Undertaking before the Registrar-Judicial of this Court

that the respondent would abide by the requirements to attend whenever he

is called upon to do so by the Enforcement Directorate. Therefore, nothing

survives for further adjudication in the W.A.No.95/2017 also. Hence,

recording the same, all these Writ Appeals may be dismissed as infructuous,

she pleaded.

3. Accepting the submissions made by the learned Counsel for the

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W.A.Nos.93 to 95/2017

appellants herein, learned Senior Counsel for the respondent also submitted

that the respondent has also filed an Undertaking before the Registrar-

Judicial of this Court making it clear that he would abide by all the

requirements to attend whenever he is called upon to do so. He further

submitted that since the enquiry is going on subject to the release of the

passport, the parties would abide by the same.

4. At the outset, considering the facts and circumstances of the

case, it is relevant to extract the order dated 02.02.2017 passed by the

Division Bench of this Court here under:

''Heard Sri.G.Rajagopalan, learned Additional Solicitor General and Sri.Satish Parasaran, learned Senior Counsel appearing for the writ petitioner.

2. Though Sri.G.Rajagopalan, learned Additional Solicitor General seeks us to grant stay of operation of the order rendered by the learned Single Judge, but however, Sri.Satish Parasaran, learned senior counsel appearing for the writ petitioner, has very rightly objected to grant of any such stay in absolute terms. All the more so, as the visa held by the writ petitioner in UAE would be expiring by 18.02.2017 and hence for seeking its extension/renewal his presence in UAE is needed and for him to undertake the travel, the passport

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W.A.Nos.93 to 95/2017

bearing No.Z 3313067, which is impounded is required to be returned.

3. We have categorically examined the conduct of the writ petitioner. We are prima facie satisfied that he is appearing before the Enforcement Directorate whenever he is summoned, excepting on a couple of occasions because of the serious ailment of a close family member who ultimately died later on. We are now informed that the next date of interactive session is posted to 03.02.2017.

4. Therefore, we direct the appellant to return the passport bearing No.Z 3313067 of the writ petitioner latest before 12 Noon of 11.02.2017 to enable the writ petitioner to move out of this country by using the said passport. However, the writ petitioner shall furnish an undertaking to appear before the Enforcement Directorate, provided that he is at least given a minimum of three weeks duration prior notice, so that he can organize his affairs and also his trip and he shall also furnish an undertaking before the Registrar Judicial of this Court that he would abide by the requirements to attend whenever he is called upon to do so by the Enforcement Directorate. Look Out Circular (LOC) shall also stand withdrawn latest by 12 Noon of 11.02.2017.''

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W.A.Nos.93 to 95/2017

T.RAJA, J.

and V.SIVAGNANAM, J.

tsi

5. Recording the submissions of the learned Counsels on either

side that pursuant to the direction issued by the learned Single Judge of this

Court as well as the learned Division Bench of this Court, the prayers in all

these three writ appeals have already been fulfilled, all these Writ Appeals

are dismissed as infructuous. No costs. Consequently, connected

Miscellaneous Petitions are closed.

                                                                       (T.R.J.,)         (V.S.G.J.,)

                                                                             25.06.2021
                     tsi




                                                                         W.A.Nos.93 to 95/2017




https://www.mhc.tn.gov.in/judis/

                                   W.A.Nos.93 to 95/2017




https://www.mhc.tn.gov.in/judis/