Mohammed Zubair (Minor) v. The Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Mohammed Zubair (minor) Rep.by his Guardian K.M.Farhana Jabeen Residing at 1, Varadarajapuram, 4th Street Pallikaranai, Kancheepuram 600 100.

... Petitioner Vs.

1.Government of India Rep. by its Secretary Ministry of External Affairs 68, College Road, E.V.K.Sampath Maaligai 7th Floor, Nungambakkam, Chennai 600006.

2.Regional Passport Office No.7785, Rayala Towers, 2 and 3 IV Floor, Old, 158, Anna Salai, Triplicane Chennai 600 002.

3.The Inspector of Police Vandavasi Road Near the Collector's Office in Thaiyar Kullam Kancheepuram, Tamil Nadu 631501.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the directing the 2nd respondent herein to process the application submitted by the petitioner for renewal of petitioner's minor son Mohammed Zubair passport, under Application Reference No.251053734333 dated 19.6.2025 and thereby issue the same within the time frame fixed by this Court taking into consideration of the fact that the petitioner has to comply with the confirmation process for his college admission by 31.7.2025. For Petitioner : Mr.R.Abdul Mubeen For Respondents : Mr.G.Mutharasu, CGSTC for R1 & R2 Mr.V.Meganathan Government Advocate (Crl.Side) for R3

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 2nd respondent to process the application submitted by the petitioner for renewal of the petitioner's passport under Application dated 19.06.2025, within the time frame fixed by this Court.

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2.The learned Government Advocate appearing on behalf of the 3rd respondent submitted that there is no police case pending before the 3rd respondent and that there was only a dispute between the parents of the petitioner. 3.The learned counsel for the petitioner brought to the notice of this Court the Kula signed by the petitioner's parents and thereby, the marriage came to an end. Insofar as the custody of the child is concerned, the petitioner's mother was given custody and the father has stated that he will not claim any rights towards the custody of the petitioner.

4.The learned Central Government Standing Counsel appearing on behalf of the 1st and 2nd respondents submitted that the application submitted by the petitioner has already been rejected and the same has not been challenged. 5.In the considered view of this Court, the marriage has been dissolved in accordance with the Muslim Law and it is also seen that the custody of the petitioner has been given to the mother and the father has stated that he will not 3/6

claim any right of custody of the petitioner. Therefore, there is no difficulty in renewing the passport of the petitioner.

6.In view of the above, there shall be a direction to the petitioner to submit a fresh application before the 2nd respondent and the 2nd respondent shall process the same and renew the passport on or before 28.07.2025. 7.This writ petition is disposed of with the above directions. No Costs. 18.07.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Secretary Ministry of External Affairs Government of India 68, College Road, E.V.K.Sampath Maaligai 7th Floor, Nungambakkam, Chennai 600006.

2.Regional Passport Office No.7785, Rayala Towers, 2 and 3 IV Floor, Old, 158, Anna Salai, Triplicane Chennai 600 002.

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3.The Inspector of Police Vandavasi Road Near the Collector's Office in Thaiyar Kullam Kancheepuram, Tamil Nadu 631501.

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N. ANAND VENKATESH, J.

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