← Library
Madras High CourtWP/48189/2025disposed of

Aishwarya Ashok v. The Joint Secretary And Chief Passport Officer

2025-12-15Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND WMP NO. 53847 OF 2025 Aishwarya Ashok, D/o.Late.Ashok, No.1-B, Prashanth Castle, 10th Avenue, Ashok Nagar, Chennai-600 083.

Petitioner(s) Vs 1.The Joint Secretary And Chief Passport Officer, PSP Division, Ministry Of Eternal Affairs, Patiala House, Tilak Marg, New Delhi-110 001.

2.The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers No.2 And 3, IV Floor, Old No.785 , New No.158, Anna Salai, Chennai-600 002.

3.The Inspector Of Police, R 3 Ashok Nagar Police Station (Crime), No.26, 2nd St, Raghavan Colony, Kodambakkam, Chennai Tamilnadu-600 083 Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 2nd respondent to issue the renewed passport to the petitioner's passport Z3451165, pending the

appeal proceedings before the 1st respondent against the order of Rejection under Proc: File No.MA1068972941915 and dated 29.10.2025 passed by the 2nd respondent.

For Petitioner(s):

Mr.AR.M.Arunachalam For Respondent(s):

Mr.M.Sathyan Central Government Standing Counsel For R1 & R2 Mr.L.Baskaran, Govt. Advocate (Crl. Side) For R3

ORDER

This writ petition has been filed by the petitioner seeking to direct the 2nd respondent to issue the renewed passport to the petitioner's passport Z3451165, pending the appeal proceedings before the 1st respondent against the order of Rejection under Proc: File No.MA1068972941915 and dated 29.10.2025 passed by the 2nd respondent.

2.It is the contention of the learned counsel for the petitioner that, originally, the petitioner's father had applied minor passport for the petitioner in the year 2004 and the same has also been issued. At that time, the petitioner was 9 years old and she was not aware of the minor passport being obtained by her father and her father also died within a period of six month after obtaining the said minor passport. Since the petitioner was not aware of such fact, the

petitioner after attaining majority, applied for regular passport and the same was also issued by the 2nd respondent for a period of 10 years without questioning the earlier passport issued for the petitioner when she was minor. After the expiry of 10 years, the petitioner applied for renewal of passport. During that time, the 2nd respondent withheld the petitioner's renewed passport and issued the order revoking the petitioner's passport on the ground that the petitioner suppressed the fact that she had obtained minor passport. Against such order, the petitioner preferred an appeal before the 1st respondent on 04.11.2025. Since the appeal has not been considered till date, the petitioner has come up with this writ petition.

3.Learned Central Government Standing Counsel appearing for the respondents 1 and 2 would submit that though the appeal has been filed on 04.11.2025, the petitioner has failed to pay the necessary appeal fee. If the same is paid, the appeal will be disposed of in time. 4.Learned Government Advocate (Crl.Side) appearing for the 3rd respondent would submit that there is no criminal case pending as against the petitioner.

5.Heard the learned counsel for the petitioner; learned Central Government Standing Counsel appearing for the respondents 1 and 2 and the learned Government Advocate (Crl.Side) appearing for the 3rd respondent. 6.Considering the submissions made by either parties, it is evident that when the regular passport was issued in favour of the petitioner in the year 2015, the 2nd respondent has not raised any issue regarding the earlier minor passport. It cannot be said that the minor will have absolute knowledge about the passport being issued. It is also the specific case of the petitioner that the petitioner's father who obtained minor passport for the petitioner was died within a period of six months after obtaining the said minor passport and the death certificate of the petitioner's father is also filed. Therefore, the petitioner might have not known about the minor passport being issued in her favour. Hence, this Court feels that it would be appropriate to let the petitioner to pay the necessary appeal fee and direct the 1st respondent to dispose of the petitioner's appeal forthwith.

7.Accordingly, the petitioner is directed to pay the necessary appeal fee before the 1st respondent and immediately upon such payment is being made, the 1st respondent is directed to consider the petitioner's appeal dated 04.11.2025, by taking note of all the aforesaid aspects and dispose of the same within a period of two weeks from the date of receipt of a copy of this order.

8.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 15-12-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: Issue order copy on 16.12.2025 To 1.The Joint Secretary And Chief Passport Officer Psp Division, Ministry Of Eternal Affairs, Patiala House, Tilak Marg, New Delhi-110 001.

2.The Regional Passport Officer Regional Passport Office, Chennai Royala Towers No.2 And 3, Iv Floor, Old No.785 , New No.158, Anna Salai, Chennai-600 002.

3.The Inspector Of Police R 3 Ashok Nagar Police Station(crime), No.26, 2nd St.Raghavan Clony, Kodambakkam, Chennai Tamilnadu-600 083.

N.SATHISH KUMAR J.

rst AND WMP NO. 53847 OF 2025 15-12-2025