Madras High CourtWP(MD)/23675/2016disposed of

P.Madhavan v. The Regional Passport

2017-01-10Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRA BAABU W.P(MD)No.23675 of 2016 P. Madhavan .. Petitioner vs.

The Regional Passport Officer, Passport Seva Kendra, Claret Plaza, Melakkal Main Road, Kochadai, Madurai ... Respondent PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the respondent to issue passport to the petitioner by considering his application for passport pending on the file of the respondent in File No.MD1069748304516 without insisting for mentioning of the petitioner's fathers name in the application, in light of the Judgment of the Honourable Supreme Court in ABC Vs. State of Delhi, 2015 to SCC 1 and the Judgment of the High Court of Delhi in Shalu Nigam vs. The Regional Passport Officer, within the time that may be stipulated by this Honourable Court. For Petitioner : Mr. Ajmal Associates M.Mahaboob Athiff For Respondent : Mr.C.Nandacopal Standing Counsel

O R D E R

The petitioner is seeking for a mandamus directing the respondent to issue passport to the petitioner by considering his application without insisting for mentioning the petitioner's father's name in the application.

2. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent and perused the materials placed before this Court.

3.According to the petitioner, his father deserted his family leaving the petitioner and his brother to be brought up by the mother as a single parent. Therefore, he does not want to refer his father's name in his application and on the other hand, the name of the mother written in the application is sought to be considered for issuing the passport.

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4. In support of such contention, the petitioner relied on the Judgment of the High Court of Delhi in Shalu Nigam and Another Vs. The Regional Passport Officer and Another in W.P.(C) No.155 of 2016 dated 17.05.2016, wherein, the respective passport authorities were directed to consider the application of the petitioner therein and issue passport without insisting upon mentioning the father's name.

5. Considering the above said facts and circumstances of the case, this writ petition is disposed of by directing the respondent herein to consider the application of the petitioner in the light of the judgment passed by the Delhi High Court as stated supra and pass appropriate orders within a period of four weeks from the date of receipt of copy of this order. No costs. Sd/ Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To, The Regional Passport Officer, Passport Seva Kendra, Claret Plaza, Melakkal Main Road, Kochadai, Madurai.

+1CC to M/S.Ajmal Associates, SR.No. 2380 W.P(MD)No.23675 of 2016 10.01.2017 CM AM/MPA SK/25.01.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/