Madras High Court
Minor Dhuruvan vs The Regional Passport Officer on 5 April, 2022
W.P.(MD)No.6229 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.6229 of 2022
Minor Dhuruvan
C/o. Umashree,
Represented through his Mother and Natural Guardian,
P.Umashree ... Petitioner
Vs.
The Regional Passport Officer,
The Regional Passport Office,
Bharathi Ula Veethi,
Race Course Road,
Madurai – 625 002. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the respondent
to consider and dispose of the petitioner's representation dated
10.03.2022 in the light of the judgment passed by this Court
reported in 2015-1-L.W. 943 (B.S.Deepa Vs. The Regional Passport
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.6229 of 2022
Officer, Chennai) 2015 SCC Online Mad 3347 (Master Nishanth
Rowan Simhan Vs. The Regional Passport Officer, Chennai) and
consequentially re-issue passport to the petitioner's minor son
namely “Dhuruvan Umashree” under the file number
MD1073496478521.
For Petitioner : Mr.K.Vijayanand
For Respondent : Mr.M.Karthikeya Venkatachalapathy
Central Government Standing Counsel
ORDER
***********
This Writ Petition has been filed for a Mandamus seeking for
a direction to the respondent to consider the petitioner's
application dated 05.08.2021, seeking for issuance of passport for
her minor son Dhuruvan.
2.According to the petitioner, she was earlier married to one
Vasanthan Babu, which ended in divorce by virtue of a divorce
decree passed by the Sub-Court, Devakottai on 22.02.2021 in
H.M.O.P.No.67 of 2019. According to the petitioner, ever since the
birth of her son Dhuruvan, he has been in her custody. It is the
contention of the petitioner that the minor child Dhuruvan is in her
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W.P.(MD)No.6229 of 2022
permanent custody. The petitioner has applied for passport for her
minor son Dhuruvan on 05.08.2021 with the respondent. The said
application has not been processed yet, since the petitioner has not
obtained the consent of her ex-husband who is the father of the
minor Dhuruvan. The petitioner has also given a representation on
10.03.2022, requesting the respondent to expedite the process of
issuance of passport in favour of her minor son Dhuruvan. Since
the said representation has not been considered till date, the
petitioner has filed this writ petition.
3.Heard Mr.K.Vijayanand, learned Counsel appearing for the
writ petitioner and Mr.M.Karthikeya Venkatachalapathy, learned
Central Government Standing Counsel, who accepts notice on
behalf of the respondent.
4.Learned Counsel for the petitioner drew the attention of
this Court to the following authorities in support of his contention
that there is no necessity to get the consent of the ex-father of the
petitioner for getting a passport for the minor Dhuruvan. According
to him, it is sufficient that one of the biological parent applies for
passport and no consent of the other biological parent is required:
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W.P.(MD)No.6229 of 2022
a) Mrs.B.S.Deepa Vs. The Regional Passport Officer,
Chennai and another reported in 2015 -1-LW-943.
b) Master Nishanth Rowan Simhan represented by
Mother and Guardian Dr.S.M.K.Sirisha Vs. The Regional
Passport Officer, Chennai and another reported in 2015 SCC
Online Mad 3347.
5.No prejudice would be caused to the respondent if the
petitioner's application for issuance of passport for her minor son
Dhuruvan is considered on merits and in accordance with law after
affording a fair hearing to the petitioner in the light of the
aforementioned decisions of this Court.
6.For the foregoing reasons, this Court directs the
respondent to consider the petitioner's application dated
05.08.2021 seeking for issuance of passport in the name of her
minor son Dhuruvan, followed by her representation dated
10.03.2022 on merits and in accordance with law after affording a
fair hearing to the petitioner including granting her the right of
personal hearing within a period of eight [8] weeks from the date of
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W.P.(MD)No.6229 of 2022
receipt of a copy of this order in the light of the aforementioned
decisions of this Court.
7.With the above direction, this Writ Petition stands disposed
of. There shall be no order as to costs.
05.04.2022
Index : Yes / No
Internet: Yes / No
MR
To
The Regional Passport Officer,
The Regional Passport Office,
Bharathi Ula Veethi,
Race Course Road,
Madurai – 625 002.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.6229 of 2022
ABDUL QUDDHOSE, J.
MR
ORDER MADE IN
W.P.(MD)No.6229 of 2022
05.04.2022
https://www.mhc.tn.gov.in/judis
