The Court dismissed a writ petition filed by Australian nationals seeking to quash a Look Out Circular issued by the Respondent Bank, finding that the apprehension raised does not survive as no such Circular existed on record.
The writ petition is disposed of without merits as the apprehension regarding a non-existent Look Out Circular does not survive.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 23RD DAY OF JANUARY 2023 / 3RD MAGHA, 1944
WP(C) NO. 537 OF 2023
PETITIONER/S:
1ALEX VRGHESE, AGED S/O P.C.ALEXANDER, AGED 55 YEARS
HAVING PERMANENT ADDRESS AT VELLARAMALA HOUSE,
PAZHAVANGADI.P.O, PAZHAVANGADI VILLAGE, RANNI TALUK,
PATHANAMTHITTA DIST, KERALA-689673, INDIA, PRESENTLY
RESIDING AT HOUSE NO.94, LYNBROOK BOULEVARD, LYNBROOK-
3975, VICTORIA, AUSTRALIA, FORMERLY RESIDENT OF 36,
DARLINGTON AVENUE, WHEELERS HILL, 3150, VICTORIA,
AUSTRALIA REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
ANNE JACOB, W/O HAPPY ABRAHAM, AGED 80 YEARS RESIDING
AT VELLARAMALA HOUSE, PAZHAVANGADI.P.O, PAZHAVANGADI
VILLAGE, RANNI TALUK, PATHANAMTHITTA DIST-6873,, PIN -
689673
2MEENA SUSAN HAPPY, AGED 51 YEARS
W/O ALEX VARGHESE, D/O HAPPY ABRAHAM AGED 51 YEARS
HAVING PERMANENT ADDRESS AT VELLARAMALA HOUSE,
PAZHAVANGADI.P.O, PAZHAVANGADI VILLAGE, RANNI
TALUK,PATHANAMTHITTA DIST, KERALA-689673, INDIA,
PRESENTLY RESIDING AT HOUSE NO.94, LYNBROOK BOULEVARD,
LYNBROOK-3975 VICTORIA, AUSTRALIA, FORMERLY RESIDENT OF
36, DARLINGTON AVENUE, WHEELERS HILL, 3150, VICTORIA,
AUSTRALIA REPRESENTED BY HER POWER OF ATTORNEY HOLDER
ANNE JACOB, W/O HAPPY ABRAHAM, AGED 80 YEARS RESIDING
AT VELLARAMALA HOUSE, PAZHAVANGADI.P.O, PAZHAVANGADI
VILLAGE, RANNI TALUK,PATHANAMTHITTA DIST, KERALA-
689673, PIN - 689673
BY ADV VIJAYAKUMARI
RESPONDENT/S:
1UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS,
GOVERNMENT OF INDIA,
SOUTH BLOCK, NEW DELHI-110001, PIN - 110001
2THE CHAIRMAN
BANK OF BARODA, HEAD OFFICE,
BARODA HOUSE, MANDVI, BARODA-390001, PIN - 390001
3THE AUTHORIZED OFFICER
BANK OF BARODA,
ROSARB BRANCH, M.G.ROAD, PALLIMUKKU,
KOCHI-68216
WP(C) NO. 537 OF 2023
2
4EMIGRATION OFFICER
COCHIN INTERNATIONAL AIRPORT, AIRPORT ROAD,
NEDUMBASSERY, COCHIN-683111
R1 & R4 BY SRI.MANU.S, CGC
R2 & R3 BY SRI.NAGRAJ NARAYANAN, SC, GDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 537 OF 2023
3
JUDGMENT
This writ petition is filed by the petitioners seeking
the following reliefs:-
(i) Issue a writ of certiorari or any other appropriate writ order or direction, quashing the Look Out Circular issued by the respondents against the petitioners. (ii) Direct the respondents to withdraw the LOC issued against the petitioners.
the learned Deputy Solicitor General of India submitted that there is no Look Out Notice issued by the Government of India and a letter dated 19.01.2023 addressed to the Central Government Counsel is produced before this
WP(C) NO. 537 OF 2023
4
Court, which reads thus:-
File No. 30/Bol/CAP/2023(OA) – 27 Dated: January 19, 2023
To
Adv. Mini Gopinath, Central Government Counsel, High Court of Kerala.
Sub: WP(C) No.537/2023 filed by Australian nationals Ref: E-mail dated 10.01.2023 seeking instructions
Madam,
A writ petition No.537/2023 filed before the Hon'ble High Court of Kerala by Australian nationals, Alex Varghese and his wife Meena Susan Happy, seeking direction to quash the LoC issued by the respondent (Bank of Baroda) against them.
As per record check, 'No LoC' exists (as on 19.01.2023) against the petitioners, Alex Varghese (PPT No. PA2984108) and Meena Susan Happy (PPT No.PA3050600).
Hence, it is submitted that the petition be dismissed without merits.
Sd/-
Assistant Director Office of the FRRO, Cochin
4. Heard Smt.Vijayakumari, the learned counsel for
the petitioner, Sri.Nagaraj Narayanan, the learned
Standing Counsel for the Bank of Baroda and Sri.Manu S.,
the learned Deputy Solicitor General of India.
WP(C) NO. 537 OF 2023
5
In that view of the matter, I do not think the apprehension expressed by the petitioners in this writ petition does not survive at all for adjudication. Therefore, the writ petition is disposed of recording the above submission.
Sd/-
SHAJI P.CHALY JUDGE
spk
6
WP(C) NO. 537 OF 2023
APPENDIX OF WP(C) 537/2023
PETITIONER EXHIBITS
Exhibit-P1ORIGINAL COPY OF THE POWER OF ATTORNEY
EXCUTED BY THE 1ST PETITIONER IN
FAVOUR OF SMT.ANNE JACOB
Exhibit-P2ORIGINAL COPY OF THE POWER OF ATTORNEY
EXCUTED BY THE 2ND PETITIONER IN
FAVOUR OF SMT.ANNE JAC
Exhibit-P3TRUE COPY OF NOTICE DATED 14/10/2019
EMAILED TO THE PETITIONER BY THE
RESPONDENT BANK
Exhibit-P4TRUE COPY OF REPLY DATED 16/10/2019
EMAILED TO THE RESPONDENT BANK BY THE
PETITIONER
Exhibit-P5TRUE COPY OF EMAIL DATED 17/10/2019
ISSUED TO THE PETITIONER BY THE
RESPONDENT BANK
Exhibit-P6TRUE COPY OF SHOW CAUSE NOTICE DATED
13/08/2020 ISSUED BY THE RESPONDENT
BANK TO THE PETITIONER
Exhibit-P7TRUE COPY OF REPLY DATED 30/07/2020
SENT TO THE RESPONDENT BANK BY THE
PETITIONER
Exhibit-P8TRUE COPY OF LETTER DATED 01/12/2020
ISSUED BY THE RESPONDENT BANK TO THE
PETITIONER
Exhibit-P9TRUE COPY OF SALE NOTICE DATED
04/08/2022 ISSUED BY THE RESPONDENT
BANK TO THE PETITIONER
Exhibit-P10TRUE COPY OF LETTER DATED 03/09/2022
SENT TO THE RESPONDENT BANK BY THE
PETITIONER
Exhibit-P11TRUE COPY OF THE REPLY LETTER DATED
29/10/2022 ISSUED BY THE RESPONDENT
BANK TO THE PETITIONER
1 issue framed by the court
Whether a writ petition seeking to quash a Look Out Circular survives adjudication when the record check shows no such Circular was issued.
Alex Varghese
Meena Susan Happy
Union of India
Bank of Baroda
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court