[Cites 4, Cited by 0]
Madras High Court
Anandharaj Thangavelu vs The Union Of India on 25 February, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.3505 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.3505 of 2026
and
W.M.P(MD) Nos.2873 and 2874 of 2026
Anandharaj Thangavelu ...Petitioner
Vs
1.The Union of India,
Represented by its Secretary,
Ministry of External Affairs,
Jawaharlal Nehru Bhavan,
23-D, Janpath,
New Delhi – 110 011.
2. The Consul General,
Consulate General of India,
O/o. Indian High Commission
Level- 6, 12 Georges TCE,
Perth, WA 6000,
Western Australia.
3. The Secretary to Government of India,
Foreigners Division (OCI)
Ministry of Home Affairs,
New Delhi. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
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W.P.(MD).No.3505 of 2026
records pertaining to the impugned notice dated 21.01.2026 which is sent by
Email by the second respondent and quash the same and consequently
directing the respondents to permit the petitioner to continue to hold the
Overseas Citizenship of India (OCI) bearing No.A2896487 and pass such
further or other orders as this Hon'ble Court may deem fit.
For Petitioner : Mr.M.S.Suresh Kumar
For R1 and R3 : Mr.K.Govindarajan
Deputy Solicitor General of India
ORDER
The present writ petition has been filed seeking to quash the order
passed by the second respondent herein, wherein the petitioner has been
directed to surrender his Overseas Citizenship of India (OCI) Card before the
nearest Indian Consulate / High Commission.
2. Since the second respondent is located in Perth, Western Australia,
Registry has raised an objection with regard to the maintainability of the writ
petition and it is listed under the caption “for maintainability”.
3. According to the learned counsel appearing for the writ petitioner,
the petitioner had obtained Bachelor's degree in Law and enrolled himself
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with the Bar Council of Tamil Nadu and Puducherry, Chennai and he was
practicing before the Madurai Bench of Madras High Court and later he got
married and relocated to Australia in the year 2011 and he had acquired
Australian citizenship in the year 2017.
4. The petitioner has made an application for Overseas Citizenship of
India to the second respondent and he was granted the same under Section
7-A of the Citizenship Act, 1955. The petitioner had completed a bridging
course in Law in Australia and was admitted as a Lawyer by the Supreme
Court of Western Australia on 04.07.2025.
5. Based upon his qualification, the petitioner was appointed as a
Confiscation Officer on a fixed-term contractual basis with the Western
Australian police. According to him, the said job is purely civil in nature and
he was neither trained by the Police Department, nor was provided with any
Uniform.
6. The learned counsel appearing for the petitioner further submitted
that when the petitioner updated his personal details like change of address
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and occupation into the OCI portal in April 2025, he got a reply that his status
has been approved. Thereafter, he was travelling to India with his OCI
booklet as usual. Suddenly, on 21.01.2026, the petitioner has received an
email from the second respondent to the effect that since he has joined the
Police Department, he is not eligible to hold an OCI Card and he was directed
to surrender the same to the nearest Indian Consulate/High Commission,
which is under challenge.
7. According to the learned counsel appearing for the writ petitioner,
the cancellation procedure is contemplated under Section 7-D of Citizenship
Act, 1955. As per the proviso to the selection, unless opportunity is granted to
the OCI Cardholder, the card cannot be cancelled by the authorities. However,
in the present case, the card has been cancelled directly without issuing any
notice or conducting any enquiry.
8. The learned counsel appearing for the petitioner further submits that
the contractual work that has been undertaken by him in Western Australian
Police Department is only offering legal advice to them and it is civil in
nature therefore that cannot be construed to be in a service in the Police
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Department of Western Australia. In such circumstances, unless an
opportunity had been granted to him, the present impugned order could not
have been passed.
9. The learned Deputy Solicitor General of India appearing for the
respondents submitted that the petitioner had been conferred with an OCI
Card under Section 7-A of the Citizenship Act, 1955. He further relied upon a
publication issued by the Ministry of Home Affairs dated 22.07.2021,
wherein it has been specifically stated that a person who joins a foreign
military or police service, whether serving or retired, is not eligible for
registration as an OCI Cardholder. Therefore, any registration granted in such
circumstances would automatically stand cancelled, and the question of
invoking Section 7-D of the Citizenship Act would not arise. It was further
submitted that only if the cancellation falls within any of the enumerated
reasons under Section 7-D of the Citizenship Act, the question of granting
liberty to the writ petitioner arise. In all other cases, a person disqualified on
account of joining the military service of a foreign country would not be
entitled to such an opportunity.
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10. The learned Deputy Solicitor General of India further relied upon
Section 14 of the Citizenship Act, 1955 and submitted that the Union of India
is empowered to decide upon the acceptance or rejection of an application
under Section 7-A of the said Act. In the present case, the petitioner’s
application for grant of OCI card has been rejected and, therefore, the
question of reopening or adjudicating the same does not arise, in view of
Section 14 of the Act.
11. Heard the learned counsel on either side and perused the materials
available on record.
12. The facts narrated above will clearly indicate that the petitioner was
earlier holding an OCI Card, which was granted to him by the second
respondent under Section 7-A of the Citizenship Act, 1955. Admittedly, the
petitioner has joined on contract basis as a Confiscation Officer in the
Western Australia Police Department. As per the direction of the Ministry of
Home Affairs, persons who have already joined Foreign Military Police
Service either serving or retired will not be entitled to have OCI Card. In such
circumstances, the petitioner knowing about the said legal consequences, he
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had made a fresh application under Section 7-A of the Citizenship Act after
he had joined Police Department of Western Australia. The said application
has been enclosed by way of additional typed set of papers. Therefore, it is
clear that the order impugned in the writ petition is not an order under Section
7-D of the Citizenship Act, but it is only a rejection of an application under
Section 7-A of the Citizenship Act.
13. In view of the fact that the application under Section 7-A of the
Citizenship Act has been rejected and Section 14 of the Citizenship Act get
attracted the Central Government is not expected to assign any reasons for
such grant or refusal of request for OCI Card.
14. It is always open to the petitioner to approach the concerned
authorities to get a fresh OCI Card as and when he gets relieved from the
Western Australia Police Department.
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15. With the above said observation, this Writ Petition stands disposed
of upholding the issue of maintainability raised by the Registry. There shall
be no order as to costs. Consequently connected Miscellaneous Petitions are
closed.
25.02.2026
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1.The Secretary,
Ministry of External Affairs,
Jawaharlal Nehru Bhavan,
23-D, Janpath,
New Delhi – 110 011.
2. The Consul General,
Consulate General of India,
O/o. Indian High Commission
Level- 6, 12 Georges TCE,
Perth, WA 6000,
Western Australia.
3. The Secretary to Government of India,
Foreigners Division (OCI)
Ministry of Home Affairs,
New Delhi.
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R.VIJAYAKUMAR,J.
ebsi
25.02.2026
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