Allahyar v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Allahyar ... Petitioner Vs The Regional Passport Officer, Office of Regional Passport, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondent to issue Passport to the petitioner by considering the petitioner's application submitted to the respondent in File No. MD1077040168724, dated 17.10.2024 For petitioner : Mr. J.M. Hassanul Bazari For respondent :Mr.P.Murugesan Central Government Standing Counsel ***** 1/5

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner, learned Central Government Standing Counsel for the respondents.

2. The petitioner has filed a Passport Application on 17.10.2024 issuing a fresh passport as the petitioner's passport, which was granted earlier, had expired as early as on 21.01.1987.

3. The petitioner is aged about 70 years and wants to make a Hajj Pilgrims. However, the passport application has not been processed.

4. The learned Central Government Standing Counsel for the respondent would submit that there is a variance in the name of the petitioner's father. It is submitted that the name of the petitioner's father has been given as 'Seyed Rawther'. However, in the Aadhar card issued to the petitioner, the name of the petitioner has been given as 'Allahayar Syed'. 2/5

5. It is further submitted that discrepancies in the application filed by the petitioner, based on the father's name by including the name of the petitioner's father as 'Syed' along with 'Allahayar' cannot be allowed merely with a view for granting of a fresh passport in the name of the petitioner.

6. It is noticed that the petitioner has already been issued with an Emergency Certificate in respect of the passport issued on 17.01.1987 by the High Commission of Kuala Lumpur. The petitioner had also held an earlier passport issued on 21.01.1977 bearing reference in Passport No.L306565.

7. If the identity of the petitioner is not in dispute based on the records, I see no reason as to why the petitioner's passport application filed on 17.10.2024 should not be processed, merely because the petitioner has included name of his father along with him, which is in slight variance with the name of the passport that was issued to the petitioner earlier.

8. The respondent shall, therefore, consider the documents filed by the petitioner and process the application within a period of four (4) weeks from the 3/5

date of receipt of a copy of this order, considering the fact that no case is pending against the petitioner.

9. Accordingly, this Writ Petition is allowed. No costs. Index : Yes / No 23.06.2025 Internet : Yes / No apd To The Regional Passport Officer, Office of Regional Passport, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

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C.SARAVANAN, J.

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