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Madras High CourtWP/3076/2025disposed of

Nisha Henry v. The Passport Authority Of India,

2025-07-30Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Nisha Henry Petitioner Vs The Passport Authority of India, Regional Passport Office, Chennai.

Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 30.09.2024 to issue a new passport.

For Petitioner : Mr.B.Manikandan For Respondent : Mr.J.Rajesh, Central Government Standing Counsel *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondent to deal with the representation made 1/4

by the petitioner on 30.09.2024 wherein the petitioner is seeking for issuance of a fresh passport in her name.

2. The case of the petitioner is that her parents are Srilankan refugees. They came to India in 1987 and the petitioner was born in India on 03.09.1992. The petitioner, thereafter, continued her education in India and got married on 01.09.2021. The petitioner applied for passport and it was issued to her for the period from 01.07.2016 to 30.06.2026. The petitioner wanted to renew her passport and hence, submitted an application before the respondent. Since the same was not considered, the present writ petition has been filed before this Court.

3. Heard Mr.B.Manikandan, learned counsel for petitioner and Mr.J.Rajesh, learned Central Government Standing Counsel appearing for respondent. This Court carefully considered the submissions made on either side and the materials available on record.

4. The respondent has filed a counter. On carefully going through the counter, it is seen that there was an adverse police report against the petitioner stating that the parents of the petitioner are 2/4

Srilankan refugees and therefore, the very citizenship of the petitioner is doubtful. In view of the same, the passport given to the petitioner was not renewed.

5. It is quite evident from the materials placed before this Court that the petitioner was born in India and she underwent education in India and she was also married in India and she is living in India for more than 30 years. The petitioner was in fact issued with passport initially and since the same is about to expire on 30.06.2026, the petitioner wanted to renew the same. The application submitted by the petitioner for renewal was not considered on the ground of adverse police report. The petitioner is very much an Indian citizen and just because her parents were Srilankan refugees that does not mean that the citizenship of the petitioner can be questioned.

6. In the light of the above discussion, there shall be a direction to the respondent to process the application submitted by the petitioner on 30.09.2024 and renew the passport, if it otherwise in order. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

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N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

30.07.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To The Passport Authority of India, Regional Passport Office, Chennai.

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