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Madras High CourtWP(MD)/6939/2018closed

Jamal Mohaideen, v. The Regional Passport Officer

2024-01-05Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Jamal Mohaideen ... Petitioner versus

1. The Regional Passport Officer, Regional Passport Office, No.144, Annasalai, Chithathripettai, Chennai - 600 002.

2. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, K.Pudur, Madurai.

3. Noorul Ameen ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1st respondent to delete the name of the 3rd respondent and incorporate the petitioner's son name in the column 'Name of the Father/Legal Guardian' in the passport issued to the petitioner's minor grandson by 1/6

name Mohammed Zeyad bearing No.P6691767 and consider the petitioner's representation dated 13.03.2018. For Petitioner : Mr.D.S.Haroon Rasheed For R1 and R2 : Mr.K.R.Laxman Senior Central Government Standing Counsel

ORDER

The petitioner is the grandfather of one minor Mohammed Zeyad, for whom, a passport was issued by the first respondent in Passport No.P6691767. The grievance of the petitioner is that his son Mujibur Rahman is the biological father of Mohammed Zeyad. However, in the passport of Mohammed Zeyad, a false entry has been made as if the biological father's name is Noorul Ameen, who is the third respondent herein. In this regard, the petitioner has submitted a representation to the respondents to remove the name of the 3rd respondent and enter his son name Mujibur Rahman as the father of the child. Since the said representation has not been considered, the petitioner has filed this writ petition for a Mandamus, directing the first respondent to delete the 2/6

name of the 3rd respondent and incorporate his son's name in the column 'Name of the Father/Legal Guardian' in the passport issued to his minor grandson Mohammed Zeyad.

2. Today, when this writ petition is taken up for hearing, the learned Standing Counsel appearing for the Central Government submits that the petitioner is the grandfather of Mohammed Zeyad. There was a dispute between the petitioner's son and daughter-in-law and they got divorce. Thereafter, she submitted an application for issuance of a passport to her son by indicating the name of her present husband, who is the third respondent herein, as the father of the child. With the available materials, the passport was issued to the child Mohammed Zeyad. The learned counsel further submits that the biological father of the child has not raised any issue, however, the grandfather of the child has raised this issue. In the event, if the biological father submits an application before the respondent with regard to the father's name of the child, a false information has been 3/6

provided by the applicant, it would be considered by the respondents. Considering the locus of the petitioner, his application has not been considered by the respondents.

3. The learned counsel for the petitioner submits that he will advise the petitioner to submit an application before the respondents through his son Mujibur Rahman.

4. In view of the said submission, this writ petition is closed with liberty to the petitioner to file an application before the respondents through his son Mujibur Rahman. No costs.

05.01.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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To

1. The Regional Passport Officer, Regional Passport Office, No.144, Annasalai, Chithathripettai, Chennai - 600 002.

2. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, K.Pudur, Madurai.

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B.PUGALENDHI, J.

ogy 05.01.2024 6/6