Petitioner sought writ relief to compulsorily renew a passport with altered name, father's name, and date of birth. The Court held such identity changes require civil court declarations and dismissed the writ, allowing only name and qualification changes. Petitioner to approach civil court.
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W.P.(MD).No.13794 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD).No.13794 of 2021 and
W.M.P.(MD).No.10767 of 2021
K.Samsudeen ... Petitioner
Vs.
The Regional Passport Officer, Madurai Region, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for entire records pertaining to the impugned order passed by the respondent vide his proceedings in File No: MD1073209170721 and Letter Reference No:SCN/311059467/21 dated 27.07.2021 and quash the same and consequently direct the respondent to renew his old Passport No.J5654589 with the alterations of the petitioner’s name as “SAMSUDEEN”, his date of birth as “10.02.1986” and his father’s name as “KUPPAI PITCHAI” in the renewed passport within a stipulated time as prescribed by this Court.
For Petitioner: Mr.T.Prabhakaran
For Respondent: Mrs.L.Victoria Gowri
Assistant Solicitor General of India
ORDER
The petitioner herein who had described himself in his earlier passports as Shamjuteen, Son of Shek Gubbapishai had been issued with a passport on 08.12.2004 with that particular name and with the date of birth as 20.10.1980.
W.P.(MD).No.13794 of 2021
W.P.(MD).No.13794 of 2021
costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (AS)
// True Copy //
Nsr/Lm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
The Regional Passport Officer, Madurai Region, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002.
W.P.(MD).No.13794 of 2021 26.11.2021
TSK (CO) GC(04.12.2021) 3P 2C
2 issues framed by the court
Whether the High Court can direct the Regional Passport Officer to alter the father's name and date of birth in a passport without a civil courtdeclaration.
Whether the Writ Court can quash the passport officer's proceedings preventing changes to identity details like father's name and date of birth.
K. Samsudeen
The Regional Passport Officer, Madurai Region
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
