E.Mary Kamilas v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI E.Mary Kamilas ... Petitioner Vs.

The Authorized Officer, Passport Seva Kendra, Plot No.A5, Salai Road & Shastri Road Junction, Tennur (Thillai Nagar), Tiruchirappalli - 620 018.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent's impugned endorsements in Passport Application ARN:24-1011130319 dated 09.09.2024, by demanding 'Birth Certificate' required and 'Slang Differ' and quash the same as it contra to the simplification of passport Rules and consequently direct the respondent to renew the petitioner's passport No.M1958705. For Petitioner : Ms.Pavithra For Mr.A.Haja Mohideen For Respondent : Mr.C.Nandagopal Central Government Standing Counsel

ORDER

Challenging the endorsement in the petitioner's passport application form ARN:24-1011130319, dated 09.09.2024, demanding 1/5

birth certificate endorsing the slang difference, this Writ Petition is filed. 2.Heard the learned counsel appearing for the petitioner, the learned Central Government Standing Counsel for the respondent and carefully perused the entire materials available on record. 3.The petitioner is a home maker who is the holder of the passport bearing M1958705 dated 03.09.2014, which was valid till 02.09.2024. She never used her passport so far. In view of expiry of term of passport, she has made an application for renewal of passport online in application No.ARN:24-1011130319 on 09.09.2024, paying the requisite fee. However, on verification, the respondent had required for birth certificate and had made an endorsement as slang difference. Challenging the same, this Writ Petition came to be filed. 4.

When the matter called up for hearing, the learned Central Government Standing Counsel for the 1st respondent on written instructions submitted that the Verification Officer suspecting the place of birth of the applicant, advised the petitioner to furnish her birth certificate to enable to process her renewal application. However, the petitioner did not submit the same so far. On interrogation, she had orally informed that she was born in Kerala.

birth as Trichy.

5.The said contention of the learned Central Government Standing Counsel is denied by the learned counsel for the petitioner stating that she never ever made any oral submission before the Verification Officer that she was born in Kerala but she was born only in Trichy and she had also completed all her studies in Trichy. However, she has duly produced her birth certificate, while applying for the application for passport and receipt of passport originally. However, with efflux of time, she has lost her birth certificate and she has produced all other documents, which would prove that she was born only in Trichy not in Kerala. For which, she also relied upon the order of this Court in W.P.(MD)No.20033 of 2024 dated 03.10.2024, wherein this Court has dealt with a similar case in which, it has been considered that the applicant was already issued with the passport after due verification and in view of the same, for the purpose of renewal, the authorities cannot insist for production of birth certificate once again.

6.Fully fortified by the aforesaid order, it is needless to state that after due verification, already the petitioner has been issued with passport and this application is only for renewal of passport for which, the production of birth certification need not be insisted. The respondent authorities shall pass appropriate orders in accordance with law, if she is 3/5

otherwise eligible on production of the other necessary documents without insisting birth certificate.

7.With the above observation, this Writ Petition is disposed of. There shall be no order as to costs.

22.11.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To The Authorized Officer, Passport Seva Kendra, Plot No.A5, Salai Road & Shastri Road Junction, Tennur (Thillai Nagar), Tiruchirappalli - 620 018.

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L.VICTORIA GOWRI, J.

Mrn 22.11.2024 5/5