Disposed

N.D.Vishnu Priya v. The Director

Madras HC6 Sept 2016WP/24237/2016

Case brief

AI extract

What is this about?

The High Court of Madras directed the Directorate of School Education and the Controller of Examination to process the petitioner's application for name recording within two weeks. The court further ordered the Passport Officer to consider the passport application within three weeks upon submission of prescribed documents.

What did the court decide?

Directed Respondents 1 & 2 to update records within two weeks and Respondent 3 to consider passport application within three weeks.

N.D.Vishnu Priya Vs The Director — Constitutional and Fundamental Rights | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATE: 06.09.2016

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CORAM

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THE HONOURABLE MR.JUSTICE B.RAJENDRAN

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Writ Petition No.24237 of 2016

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N.D.Vishnu Priya .. Petitioner Versus 1. The Director, Directorate of School Education, Chennai. 2.The Controller of Examination, The Tamil Nadu Dr.M.G.R.University, Chennai. 3. The Regional Passport Officer, Passport Office, Shastri Bhavan, Haddows Road, Chennai. .. Respondents

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Prayer: Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 3 to make necessary changes in the petitioner's records and issue a fresh certificates indicating petitioner's present name instead of earlier name on account of the subsequent event of sexreassignment surgery underwent by the petitioner.

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For Petitioner : Mrs.Bhavani Subharayan for M/s.Royan Law Associates For Respondents : Mr.A.Kumar (R1) Special Government Pleader Mr.D.Ravichandren (R2) Mr.J.Madanagopal Rao (R3) Special Government Pleader

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This Writ Petition has been filed by the petitioner seeking for a direction to the respondents 1 to 3 to make necessary

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https://hcservices.ecourts.gov.in/hcservices/

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changes in the petitioner's records and issue a fresh certificates indicating petitioner's present name instead of earlier name on account of the subsequent event of sex reassignment surgery underwent by the petitioner.

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When the matter was taken up for hearing on 14.07.2016, this Court on considering the submission of the the learned Special Government Pleader appearing for the first respondent directed the petitioner to approach the first respondent, who shall provide her with necessary application for recording her as transgender, subject to the receipt of necessary application fee and as and when the petitioner submits the application, the same was directed to be processed as expeditiously and final orders shall be passed within a period of two weeks from the date of submission of the said application and the matter was directed to be posted today for getting instructions of the third respondent.

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Today, when the matter is taken up for hearing the counsel appearing for the third respondent has filed a counter affidavit wherein it is stated that if the petitioner applies for passport with the documents viz., (a) Prescribed Deed Poll/Sworn Affidavit (Annexure “E” of Appendix-1), (b) Original newspaper cutting announcing the change of name published in two leading newspaper (one popular newspaper in the area of the applicant's present address and another at his permanent address) along with other supporting documents at any designated Passport Seva Kendra, the application of the petitioner will be considered in accordance with the Passport Act, 1967.

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Heard both sides. The learned Special Government Pleader appearing for the first respondent would submit that the application given by the petitioner, pursuant to the orders of this Court, dated 14.07.2016, will be processed as expeditiously as possible.

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Considering the submission made by the learned counsel appearing on either side, this Court directs the first respondent to consider the application already given by the petitioner, in pursuant to the orders of this Court, dated 14.07.2016, within a period of two weeks and thereafter the petitioner was directed to file an application before the third respondent, along with the documents stated supra and the third respondent is directed to consider the same, in accordance with the Passport Act, 1967, within a period of three weeks thereafter.

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https://hcservices.ecourts.gov.in/hcservices/

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This Writ Petition is disposed of with the above directions. No costs.

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Sd/-

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Assistant Registrar(J)

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//True Copy//
Sub Assistant Registrar
arr
To
1. The Director,
Directorate of School Education,
Chennai.
2.The Controller of Examination,
The Tamil Nadu Dr.M.G.R.University,
Chennai.
3. The Regional Passport Officer,
Passport Office,
Shastri Bhavan,
Haddows Road,
Chennai.
1 cc to M/s.J.Madanagopal Rao, Advocate, sr.50764
1 cc to M/s.Royan Law, Advocates, sr.50600
1 cc to Government Pleader, sr.50542
Writ Petition No.24237 of 2016
nr co
kra 27.09.2016

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https://hcservices.ecourts.gov.in/hcservices/

N.D.Vishnu Priya v. The Director

Case brief

What is this about?

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N.D.Vishnu Priya v. The Director

Case brief

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