SURIYA PRAKASH Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) The Petitioner has approached this Court for issuance of a Writ of Certiorarified Mandamus calling for the records from the first respondent relating to the impugned order dated 8.6.2016 passed in Reference No.IMP/304107309/16 and to quash the same and consequently to direct the first respondent to return back the Petitioner's passport bearing No.M8653181 immediately.

(2.) The case of the Petitioner is that he was in possession of valid Passport No.M8653181 and his passport was issued on 27.4.2015 and the same is valid upto 26.4.2025.The Petitioner had gone to Sulthanate of Oman for employment as Site Inspector and he was granted two year Visa for his stay and employment in the said country and the same is valid till 12.12.2017. The Petitioner was issued a resident card for staying in the country and taking up employment in Sulthanate of Oman. The family of the petitioner, his wife, son and three daughters joined him there and they were pursuing their school education at Muscat Indian School at Oman. The Petitioner in order to offer his condolences to one of his relatives, came to India on 9.4.2017 and all his daughters and remaining members of the family were left back in the Oman. When the Petitioner landed in Chennai International Airport, his passport was impounded on 8.4.2017 and he was informed that two criminal cases were pending against him and that the first respondent has already passed the impugned order on 8.6.2016 impounding the passport of the Petitioner.

(3.) While matter stood thus, the Petitioner was planning to return to Oman on 12.4.2017 to join his work and other family members living there. In view of the impounding of the passport, the Petitioner was unable to travel back to Oman. According to the Petitioner that the allegation is levelled against him in regard to the pendency of the criminal cases and they are only at FIR stage and no charge-sheet has been filed or the same was taken cognizance of under the provisions of the Code of Criminal Procedure.