The Madurai Bench quashed a Cancellation Without Prejudice stamp on the petitioner's passport. The Court held the stamp was infructuous as the petitioner's visa had expired, without precluding future travel.
CWOP stamping in the passport dated 06.08.2019 is quashed/set aside; no compensation granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.18676 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2019 CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P(MD)No.18676 of 2019
and W.M.P(MD).No.15050 of 2019
G.Victoriya ... Petitioner
/Vs./
1.The Foreigners Regional Registration Officer,
Shastri Bhavan Annexe Building,
26, Haddows Road, Nungambakkam,
Chennai-600 006.
2.Immigration Officer (Inspector-Immigration) Immigration Cell, Madurai Airport, Madurai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the stamping as CWOP in the petitioner's passport and quash with regard to the stamping affixed as CWOP in the petitioner's passport by the second respondent herein and consequently pass an order directing the respondents to allow the petitioner to have a peaceful air travel as planned to Dubai, in consequence direct the respondents to pay suitable compensation for the cancellation of air travel to and fro of Dubai on 06.08.2019.
For Petitioner : Mr.B.A.Muruganantham For Respondents : Mr.V.Kathirvelu
Assistant Solicitor General instructed by Mr.Irulappan Central Government Standing Counsel
ORDER
Mr.B.A.Muruganantham, learned counsel on record for writ petitioner and Mr.V.Kathirvelu, learned Senior Counsel and Assistant Solicitor General instructed by Mr.Irulappan, learned Central Government Standing counsel on behalf of both respondents are before this Court.
2.The entire writ petition turns on a very narrow compass.
3.With consent of learned counsel for writ petitioner and learned Senior Counsel/Assistant Solicitor for the respondents, main writ petition is taken up, heard out and is being disposed of.
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W.P(MD)No.18676 of 2019
4.Writ petitioner obtained an Indian passport on 03.07.2019 and the same is valid till 02.07.2029.
6.Learned counsel for writ petitioner submitted that he abridges the scope of instant writ petition as well as the scope of the prayer. Saying so, learned counsel, on instructions, submitted that the writ petitioner limits the prayer to removal of a stamping in aforesaid writ petitioner's passport made on 06.08.2019 which is referred to as 'CWOP stamping'. This Court is informed that 'CWOP' stands for 'Cancellation Without Prejudice'.
7.The aforesaid stamping in the writ petitioner's passport was made on 06.08.2019 by the Immigration Officer, Madurai (second respondent herein), when the writ petitioner was about to board a flight to Dubai (United Arab Emarates i.e., UAE) on 06.08.2019.
8.While writ petitioner submits that she was travelling to Dubai to attend to her Aunt (mother's younger sister) who had a test-tube baby, it is the case of the respondents, as articulated by learned Assistant Solicitor, that the writ petitioner carrying her educational qualification certificates and saying that she intends to attend an interview in Dubai necessitated the impugned CWOP stamping. It is also submitted by learned Assistant Solicitor that writ petitioner in addition to mentioning to the Immigration authority that she intends to attend an interview was unable to explain, her return ticket being routed to Chennai. Be that as it may, in the light of the limited prayer and in the light of the fair stand taken by learned Assistant Solicitor, it may not be necessary to dilate on these facts any further.
9.As already alluded to supra, learned counsel for writ petitioner had limited the prayer to quashing/setting aside of CWOP stamping alone. Learned Assistant Solicitor submits that CWOP is only with regard to that particular travel and it does not impede or come in the way of any future travel or the validity of the passport. In this regard, learned Assistant Solicitor drew the attention of this Court to VISA issued by the host country, namely UAE and submitted that VISA itself is a three months tourist VISA, issued on 30.07.2019 and it expired on 27.09.2019. In other words it is the submission of learned Assistant Solicitor that entire CWOP stamping has now become infructuous. This is recorded. The submission made on behalf of respondents that this CWOP stamping in the writ petitioner's passport will not affect any further request by the writ petitioner to travel abroad is also recorded.
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W.P(MD)No.18676 of 2019
10.CWOP stamping in writ petitioner's passport bearing Passport No.T2134130 made on 06.08.2019 by the second respondent, which in any case is said to have become infructuous, is quashed/set aside.
11.Recording the aforementioned submission, instant Writ Petition is ordered with above directions. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar (CS II)
// True Copy //
Sub Assistant Registrar(CS)
rmk
To
1.The Foreigners Regional Registration Officer,
Shastri Bhavan Annexe Building, 26, Haddows Road, Nungambakkam, Chennai-600 006.
2.Immigration Officer (Inspector-Immigration)
Immigration Cell, Madurai Airport,
Madurai.
+1 CC to M/s.B.A.MURUGANANTHAM, Advocate ( SR-95026[F] dated 31/10/2019 )
+1 CC to M/s.I.IRULAPPAN, Advocate ( SR-95281[F] dated 31/10/2019 )
W.P(MD)No.18676 of 2019
30.10.2019
KK/SAR/13.11.2019/3P-5C/
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1 issue framed by the court
Whether the court can quash a CWOP stamping on a passport that has become infructuous due to visa expiry.
2 provisions across 2 enactments
G. Victoriya
Foreigners Regional Registration Officer, Chennai
Immigration Officer, Madurai Airport
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
