Wins Joel T v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.9202 and 9206 of 2025 T.Wins Joel ... Petitioner -vsThe Regional Passport Officer, Regional Passport Office - Madurai, Bharathi Ula Veethi, Race Course Road, Madurai - 625002, Tamil Nadu.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings of the respondent dated 06.02.2025, 20.02.2025 and 17.04.2025 vide letter Ref. No.SCN/320679455/25, letter Ref. No.SCN/320785159/25 and letter Ref. No. SCN/321371161/25 respectively and quash the same. For Petitioner : Mr.N.Dilip Kumar for Mr.T.Hubertson For Respondent : Mr.T.Thirupathy Central Government Standing Counsel

ORDER

With the consent of the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner submits that the respondent issued impugned show cause notices dated 06.02.2025 and 20.02.2025, directing the petitioner to appear before him on the ground that the petitioner had obtained a passport by suppressing the material fact that he was employed in Government service, based on information received from the Inspector of Police. The petitioner submitted his explanations dated 17.02.2025 and 27.02.2025, clarifying that he is employed in an aided minority private educational institution. However, without considering the petitioner's explanations, the respondent issued another notice dated 17.04.2025, directing the petitioner to surrender his passport on the ground that he is working in a Government-aided college. Hence, the present Writ Petition.

4. Considering the facts and circumstances of the case, this Court is of the view that there is no concealment of any material fact, as the petitioner is

governed by the Tamil Nadu Private Colleges (Regulation) Act, 1976 and cannot be classified as a Government employee. The information furnished by the petitioner appears to be correct. Accordingly, the impugned show cause notices dated 06.02.2025, 20.02.2025, and 17.04.2025 are set aside.

5. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 29.04.2025 Index : Yes / No smn2 To:- The Regional Passport Officer, Regional Passport Office - Madurai, Bharathi Ula Veethi, Race Course Road, Madurai - 625002, Tamil Nadu.

VIVEK KUMAR SINGH , J.

smn2 29.04.2025