Sri. Mohd Toufeeq vs The Secretary Govt Of India And 2 ...
2023 Latest Caselaw 1556 Tel

            HON'BLE SRI JUSTICE K. LAKSHMAN

               WRIT PETITION No.27892 OF 2022
ORDER:

Heard Mr. Mohammed Hassan, learned counsel for the

petitioner and Mr. R. Mangulal, learned Central Government Counsel

appearing on behalf of the respondents.

2. This writ petition is filed to declare the action of respondent

No.3 in refusing to renew/reissue the original passport bearing

No.N644099 issued by respondent No.2 dated 19.02.1993 on the

ground that his parents names cannot be changed in passport due to

their demise, as illegal, and for a consequential direction to respondent

No.3 to renew/reissue the original passport to the petitioner by

changing the names of his parents.

3. The petitioner herein is the holder of Passport bearing

No.N644099, dated 19.02.1993 and the same was extended from time

to time. He has submitted an application Reference No.22-

1005229883, dated 13.05.2022, seeking renewal of his passport. The

same was refused by respondent No.2 on the ground that the names of

the parents of the petitioner are different. After the death of the

parents of the petitioner, correction of their names in the passport is

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

impermissible. Thus, respondent No.2 kept the original passport of

the petitioner in abeyance and a message was sent accordingly. He

has also issued a publication in Hans India News Paper on 11.06.2022

with regard to the change of the names of the parents of the petitioner.

He has also filed copies of death certificates of his parents issued by

the Greater Hyderabad Municipal Corporation (GHMC) and their

Aadhar Cards. With the said submissions, he sought a direction to

respondent No.2 to consider his application for renewal with change

of names of his parents.

4. On the other hand, Mr. R. Mangulal, learned Central

Government Counsel appearing on behalf of the respondents, referring

to the written instructions of respondent No.2, would 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, 2020 deals

with 'change in the name of parent (s), while paragraph No.4.2 of the

said Chapter deals with 'change in the name of deceased parents.

There is no law under which a person, not even the legal heirs of a

deceased, can change the name of deceased persons. A deceased

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

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 further stated that as per paragraph Nos.4.2

of the Chapter - 3 of the Passports Manual, 2020, based on

documentary proof issued in their life time or name in Death

Certificate, the name of parents as shown in his/her own passport is

significant proof of the correct name and to be accepted on priority.

Besides, parents' name as shown in educational documents/marriage

certificate, birth certificate including revised certificates etc., can also

be accepted as correct, even if issued after the death of parents.

5. The aforesaid facts would reveal that the passport of the

petitioner was expired more than three years ago from the date of

application dated 13.05.2022 and accordingly he has submitted the

application dated 13.05.2022 seeking renewal of his passport. In the

passport, his father's name is mentioned as 'Mohammed Mastan Ali'

instead of 'Mohammed Mastan'. Similarly, his mother's name is

mentioned as 'Fatima Begum' instead of 'Fatima Bee'. Therefore,

respondent No.2 kept the application submitted by the petitioner on

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

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

petitioner.

6. Referring to the Circulars, dated 26.11.2015 and 13.01.2016

and also the guidelines issued by the Ministry of External Affairs,

Government of India, vide Office Memorandum, dated 22.09.2016,

this Court in Muchipalli Asutosh Jayanth v. The Government of

India 1 held that the application submitted seeking correction of date

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 explanation and documents.

7. Referring to the latest relaxed guidelines issued by the

Ministry of External Affairs, Government of India, the Kerala High

Court in Deepnamol Sebastian v. The Regional Passport Officer,

Ernahipalam P.O. 2, 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.

. Order dated 29.08.2022 in W.P. No.13636 of 2022

. 2021 (5) KLT 197

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

8. In the present case, the petitioner herein had submitted the

death certificates of his parents issued by the GHMC and also filed

copies of their Aadhar Cards. He has also filed notice published in

Hans India Newspaper on 11.06.2022. Respondent No.2 instead of

considering the application submitted by the petitioner on 13.05.2022

for renewal of his passport with correction of names of his parents,

kept the passport on hold. Respondent No.2 cannot keep a passport on

hold without deciding the same as per the guidelines and the Circulars

issued by respondent No.1 from time to time.

9. At the cost of repetition, as discussed above, correction of

date of birth and names etc., is permissible beyond five (05) years if

the holder of passport produced sufficient documentary evidence and

also offers proper explanation. Even correction of names of the

parents is also permissible after their death.

10. In view of the above discussion, this writ petition is

disposed of directing respondent No.2 to consider the application

reference No.22-1005229883, dated 13.05.2022, submitted by the

petitioner seeking renewal of his passport with correction of names of

his parents in accordance with the aforesaid Circulars and principle

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

laid down in the aforesaid judgments. 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 communicate copy of the

said order to the petitioner herein. He shall complete the aforesaid

exercise within a period of four (04) weeks from the date of receipt of

copy of this order. However, there shall be no order as costs.

As a sequel thereto, miscellaneous petitions, if any, pending in

the writ petition shall stand closed.

_________________ K. LAKSHMAN, J 10th April, 2023 Mgr