Petitioner challenged cancellation of OCI card due to repeated gold smuggling. Court found respondent followed natural justice and dismissed petition.
Writ petition dismissed; connected miscellaneous petitions closed; no order on costs.
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.No.7847 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.7847 of 2021 and W.M.P.Nos.8373 & 8375 of 2021
Madhievannan Paramalingam ... Petitioner
-Vs -
Under Secretary to Government of India (OCI) 1st Floor, Major Dhyan Chand National Stadium, India Gate Circle, New Delhi – 110 002. ... Respondent
Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, call for the records pertaining to the impugned order dated 11.09.2020 of the respondent passed in F.No.26011/MISC/84/201/-OCI and quash the same.
For Petitioner : Mr.L.Gokulraj For Mr.Hari Radhakrishnan For Respondent : Mr.V.Ashok Kumar Central Government Standing Counsel
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W.P.No.7847 of 2021
ORDER
This writ petition has been filed for challenging the order passed by the respondent dated 11.09.2020, thereby cancelled the registration of the petitioner as Overseas Citizen of India (hereinafter referred to “OCI”) card holder.
with OCI card and he possessed two gold bars in his pant pocket. Therefore, he was detained by the Air Intelligence Unit of the Customs Department at Chennai Airport for smuggling of gold worth Rs.92 lakhs into India. The Customs authorities seized the gold under Section 110 of the Customs Act, 1996 r/w the Foreign Trade (Development and Regulation) Act, 1992 and initiated the proceedings under Sections 193 and 194 of IPC. It was also reported that the petitioner was intercepted at Chennai Airport on 30.05.2018 during departure immigration clearance
and he was accorded departure clearance by the immigration authorities Page 2 of 6
W.P.No.7847 of 2021
after seizing his OCI card for indulgence in smuggling activities.
W.P.No.7847 of 2021
appearing for the respondent submitted that now the petitioner has been blocked and restrained from entering into India.
W.P.No.7847 of 2021
Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs.
04.06.2024
Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No
rts To
Under Secretary to Government of India (OCI) 1st Floor, Major Dhyan Chand National Stadium, India Gate Circle, New Delhi – 110 002.
Page 5 of 6
W.P.No.7847 of 2021
G.K.ILANTHIRAIYAN. J,
rts
W.P.No.7847 of 2021 and W.M.P.Nos.8373 & 8375 of 2021
04.06.2024
Page 6 of 6
Madhievannan Paramalingam
Under Secretary to Government of India (OCI)
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
