The fundamental right to personal liberty and the right to go abroad, as guaranteed by Article 21 of the Constitution of India, should be upheld, taking into account the individual's circumstances and the legal framework.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner representation dated 04.01.2019 and thereby direct the respondents to grant permission to travel back to Srilanka as a Srilankan citizen and on the basis of Srilankan Passport and in future freely travel between Srilanka and India for the purpose of seeing My Children, My parents and also My job opportunities and also to attend the case initiated by the Regional Passport Office, Chennai.)

1. This writ petition has been filed for direction directing the respondents to consider the petitioner's representation dated 04.01.2019 to grant permission to travel back to Sri Lanka under the Srilankan passport for the purpose of visiting his family members.

2. Mr.D.Vijayababu, the learned counsel for the petitioner submitted that the petitioner was born in Srilanka on 11.12.1976 and the petitioner along with his family members came to India on the basis of the petitioner's mother's Srilankan passport. He completed his school studies at Chennai and also completed his college studies at Chennai at the Hindustan College of Engineering, Kelambakkam, Chennai. He obtained passport mentioning his birth place as Trichy from the Regional Passport Office, Chennai. Thereafter he went to Srilanka on the basis of Indian passport on tourist visa. He converted the same into work visa and resident permit and in the year 2004, he obtained Srilankan passport and subsequently renewed his Srilankan passport. He married a Srilankan woman and gave birth to two children. There was a family dispute between the petitioner and his wife and as such while the petitioner was arriving at Chennai Airport, the immigration officials stopped him and confiscated the petitioner's Srilankan passport and Overseas Citizenship of India card.

3. The learned counsel for the petitioner further submitted that the case has been registered against the petitioner in Crime No.322 of 2018 for the offence under Sections 12(1A) (a) of Passports Act, 1967 and Section 420 I.P.C. He was also granted anticipatory bail by this Court and the conditions imposed by this Court were also duly complied with by the petitioner. When the petitioner proposed to travel back to Colombo he was not permitted by the immigration officials to travel to Colombo. Therefore he submitted representation and it is pending. Further he submitted that the petitioner's Indian Passport issued on 24.10.1997 was already expired even as early as on 23.10.2017 itself. Due to family dispute, the wife destroyed the same in Srilanka itself. Therefore he could not surrender the Indian passport before the first respondent. Further the learned counsel for the petitioner relied upon the following judgments:

(i) In the case of E.V.Perumal Samy Reddy and Others Vs. State rep. by the Deputy Commissioner of Police, Ambattur Range, Chennai and Another reported in 2014 (1) MLJ (Criminal)125.

(ii) In the case of Srichand P.Hinduja Vs. State Through C.B.I., New Delhi reported in 2002 AIR (SC) 401.

and (iii) in the case of Premkumar Thangadurai and another Vs. State the Inspector of Police, Central Crime Branch, Team II, Veperi, Chennai passed by this Court in Crl.R.C.No.31 of 2018 dated 11.01.2018.

4. Per contra, Mr.Venkataswamy Babu, Senior Panel Counsel appearing for the first and second respondents submitted that the petitioner obtained Indian passport dated 24.10.1997. He used to travel on the Indian Passport to Srilanka between 2001 and 2004. In 2004 he got a job with HSBC Bank, Colombo as Assistant Manager with the help of his original Srilankan birth certificate and also he obtained Srilankan passport on 29.06.2004. Simultaneously he was holding both the passports. Subsequently, he also obtained Overseas Citizenship of India card on 21.11.2006 on the basis of his grandfather's Indian origin. When the petitioner arrived at Chennai on 31.12.2017 his passport was seized