Allowed

Sri. Mohd Toufeeq v. The Secretary Govt of India and 2 others

Telangana HC10 Apr 2023WP/27892/2022

Case brief

AI extract

What is this about?

This writ petition challenged the refusal to renew a passport due to the inability to change the names of deceased parents. The High Court held that corrections are permissible after five years or following death. It directed the Passport Authority to consider the application within four weeks based on guidelines. The petition was disposed of without costs.

What did the court decide?

Directed Respondent No. 2 to consider the passport renewal application with correction of parental names within four weeks.

Sri. Mohd Toufeeq Vs The Secretary Govt of India… — Writ and Judicial Review | Telangana HC (2023)

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[³¹⁶⁸ ]

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HIGH GOURT^{FOR THE STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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MONDAY,^{THE TENTH DAY OF APRIL} TWO THOUSAND^{AND TWENTY THREE}

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PRESENT

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THE HONOURABLE^{SRI JUSTICEK.LAKSHMAN}

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WRIT PETITION^{NO: 27892 OF 2022}

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Between:

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sri. Mohd Toufeeq, s/o.^{Mohammed.Mastan, Aged about- 55 Ylqrs, occ:-} Ausiness, R/o.^{"h.flo.fg-2-iqtql,Ali Baghl Kalapathar, Charminar,} Hyderabad.

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...PETITIONER

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AND

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The Secretary Govt. of^{tn9la, Mi11s-try g[ E-4grngllAlfags, New D9lhi'} ) iil R;g[i,iiprsiiort^o*icbr, Qffice^{At D.No.8-2-215 to 219, Kummarguda,} Secu nd-erabad, Seiunderabad,^{T. S.}

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ine Assistant^{Passport Offd;; Passport Seva Kendra,.Of.fiqg At 8-1-305/306,} nninO-SifiCon Cfrip,^{ShaikpetNala, Tblichowki, Hyderabad, T.S.}

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...RESPONDENTS

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petition under Article 226 of the Constitution of lndia^{prayingthat in the} circumstances stated^{in the affidavitfiled therewith,the High Courtmay be} pleased to issue a writ, order or^{direction, more particularlylike one in the nature} of WRIT OF MANDAMUS,^{declaring the action of Respondents No.3 in refusing to} renewal/reissue the^{original passport of the petitionervide PassportNo.N644099} issued by the Respondent^{No.2dt.19.02.1993 on the ground that the narneof the} petitioners parents in^{passport cannotbe changeddue to theirdemise,whichis} being illegal, arbitrary,^{contrary to law and in gross violatiori of fundamental,rights} guaranteed under Article^{14 and 21 of the Constitutionof lndia and againstthe} Passport Act, 1967^{and consequentlydirect the Respondent No'3to} renewal/reissue the^{original passportof the petitionervide Passport No'N644099} issued by the Respondent^{No.2 dt.19.02.1993 by changingthe name of the} petitioners parents in PassPort.

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lA NO: 1 OF 2022

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Petition under Section 151^{CPC praying that in the circumstances statedin} the affidavit filed^{in support of the petition,the High Court may be pleasedto direct} the Respondent^{No.3 to renewal/reissuethe original passport of the petitionervide} passport No.N644099 issued by the Respondent No.2 dt.19.02.1993^{by changing} the name of the^{petitionersparents in passportpending disposalof the writ} petition.

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Counset for the^{Petitioner:SRI MOHD HASSAN} Counsel for the^{Respondents:SRI R.MANGULAL,CENTRAL GOVERNMENT} COUNSEL

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The Court made the^{following: ORDER}

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HON'BLE^{SRI JUSTICE K' LAKSHMAN}

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ORDER:

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HeardMr.MohammedHassan,learnedcounselforthe petitionerandMr.R.Mangulal,leamedCentralGovernmentCounsel t appearirl[^{on behalf of the respondents'} lents'

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2.Thiswritpetitionisfiledtodeclaretheactionofrespondent No.3inrefusingtorenew/reissuetheorigirralpassportbearing No.N6440ggissuedbyrespondentNo.2dated|g.o2.l993onthe ground^{that his parents names cannot be changedin passportdue to} their^{demise, as illegal, and for a consequentialdirection to respondent} No.3 to^{renew/reissuethe originalpassport to the petitionerby} changing^{the names of his Parents'}

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3.ThepetitionerhereinistheholderofPassportbearing No.N644ogg,dated|g.02.lgg3andthesamewasextendedfromtime to time.^{He has submittedan application Reference No'22-} loo522ggg3,^{dated 13.05.2022,seeking renewal of his passport'The} samewasrefusedbyrespondentNo.2onthegroundthatthenamesof theparentsofthepetitioneraredifferent.Afterthedeathofthe parents of the^{petitioner, correctionof theirnamesin the passportis}

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rv.r,. No.2 Tssl'i\ r,.un lmpermissible. lltus, respondent No.2 kept the original passport of. the petitioner in abeyance and a message .vas sent accordingly. I-Ie has also issued a pubrication in Hans India News paper on I1 .06.2022 r'l'itlr regard to the change of the names of the parents of the petitioner. He has also fired copies of death certificates of his parents issued by the Greater Hyderabad Munioipal Corporation (GHtvI, ; ,;;. Aadhar Cards. With the said suhmissions, he sought a direction to respondent No.2 to consider his apprication for renewar with cha,ge of names of his parents

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On the other hantl, Mr. R.. Mangulal, learned Central Govemment counsel appearing on behalf of the respondents, referring to the wrir.ten instructions of respondent No.2, wourd submit that the petitioner cannot seek change of names of his parents after their death. change of name of the petitioner and his spouse can be considered. Paragraph No'4 of the chapter - 3 of the passports Manual, 2020deals with 'change in the name of parent (s), wh,e paragraph No.4.2 0f the said chapter dears with 'change in the name of deceased parents. There is no raw under which a person, not even the legar heirs of a deceased, can change the name of deceased persons. A deceased

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KL,J W.P. No.27892 of²⁰²²

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person has throughout^{his life used the name for all official} transactions during^{his life period and now his legal heirs/descendents} cannot, for their^{convenience whatsoever, be allowed to change the} name of a deceased.^{It is funher stated that as per paragraph Nos'4'2} of the Chapter - 3^{of the PassportsManual,2020, based on} documentary^{proof issued in their life time or name in Death} Certificate, the^{name of parents as shown in his/herown passportis} significant proof^{of the coffect name and to be accepted on priority'} Besides, parents' name^{aS shownin educationaldocuments/marriage} certificate, birth certificate^{including revisedcertificates etc., can also} be accepted as correct,^{even if issued after the deathof parents.}

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The aforesaid^{facts would reveal that the passport of the} petitioner was expired^{more than three years ago from the date of} application dated^{13.05.2022and accordinglyhe has submittedthe} application dated^{13.05.2022 seekingrenewalof his passport. In the} passport, his father's^{name is mentioned as 'Mohammed Mastan Ali'} instead of 'Mohammed^{Mastan'.Similarly,his motfter's name is} mentioned as^{'FatimaBegum' instead of 'Fatima Bee'' Therefore'} respondent No.2^{kept the application submittedby the petitioneron} t' ,'/"'

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t_ s;

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KL.J W.P. No.27892 of 2022

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hold on the ground of change in the names of the parents of the petitioner.

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Referring to the circulars, datecr 26.rr.2ors a,d 13.0 r.z0r6 and also the guiderines iss,ed by the Ministry of Externar Affairs, Go'ernment of I,dia, vide office Memorandum, dated 22.09.2016, this court in Muchipaili Asutosh Jayanth v. T,he Government of Indiar held that the application submitted seeking correction of tiate of birth beyond five (05) years is also permissible and the passport Authority has to consider the same if the persons seeking correction of date of birth produce proper expranation and documents.

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Referring to the latest relaxed guiderines issued by the Ministry of External Affairs, Gouernment of India, the Kerara High court in Deepnamor sebastian v. The Regionar passport officer, Ernahipalam P-o.', held that mistakes in parents, name can be corrected even after their death. Thus, correction of date of birth and name can be considered by the passport Authority beyond five (05) years and also after the death of parents of a person.

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;.t^{Orderdated29.08.2022in W.p.} No.t3636 of 2022 zo2t (s) rct-t [gt

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KL,J W.P. No.27892^{of 2022}

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In the^{presentcase, the petitioner herein had submitted the} death certificates^{of his parents issued by the GHMC and also filed} copies of their^{AadharCards. He has also filed notice publishedin} Hans India^{Newspaper on 11.06.2022. RespondentNo.2insteadof} considering^{the application submitted by the petitioner on 13'05'2022} for renewal of^{his passportwith correctionof namesof his parents,} kept the^{passport on hold. RespondentNo.2cannot keepa passporton} hold without deciding^{the same as per the guidelines and the Circulars} issued by respondent^{No.1 from time to time'}

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g. At the cost of repetition, as discussed above,^{correction of} date of birth and^{names etc., is permissible beyond five (05) years if} the hotder of^{passport producedsufficient documentary evidenceand} also offers^{proper explanation.Even correctionof names of the} parents is also permissible^{after their death'}

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In view of^{the abovediscussion,this writ petition is} disposed of^{directingrespondent No.2 to considerthe application} reference No.22-100522g883,^{dated 13.05.2022,submittedby the} petitioner seeking^{renewal of his passportwith correctionof names of} his parents in^{accordancewith the aforesaid Circulars and principle}

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KL,J W.P. No.27892 of 2022 Iaid down in the aforesaid iudgments If respondent No.2 is not inclined to accept the request made by the petitioner, he shall assign specific reasons, pass a reasoned order and co,rmunicate copy .f the said order to the petitioner herein. He sha, complete the afbresaid exercise rvithin a period of fo,r (04) weeks from the date of receipt of copy of this order. However, there shalr be no order as costs.

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As a sequer thereto, miscelraneorrs petitions, if any, pending in the writ petition shall stand closed.

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SD/- C. PRAVEEN KU ASSISTANT

//TRUE COPY//

SECTION OFFICER

Ihe Regional Plssport.officer, office At D.No.g-2-21s to 21g, Kummarguda, ^^{Secunderabad,Seiunderabad,T.S.} 2. One CC to SRt MOHD HASSAN, Advocate tOpUCI 3. ONE CC tO SRI R.MANGULAL, iENTRAL <JOVCNiIUENT COUNSEL IoPUCI

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