W.P.(MD).No.12920 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2025 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD).No.12920 of 2024 Abuthageer Diwan Maideen ... Petitioner Vs. 1.The Regional Passport Officer, O/o.Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002. 2.The Superintendent of Police, Tenkasi District. ... Respondents (R2 is Suo Motu impleaded Vide Court order dated 11.12.2024 in WP(MD).12920/2024) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent herein to issue passport under file No. MD2075872292123, to the petitioner herein, by considering the petitioner's explanation dated 15.05.2024 within a time frame as fixed by this Court. For Petitioner : Mr.R.Rajeshkumar For R-1 : Mr.G.Rajaraman, Central Government Standing Counsel 1/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12920 of 2024 For R-2 : Mr.K.Gnanasekaran, Government Advocate, (Criminal side) ***** ORDER This writ petition is filed seeking to direct the respondent to issue passport under file No. MD2075872292123 to the petitioner by considering the petitioner's explanation dated 15.05.2024. 2.Heard the learned counsel for the petitioner Mr.R.Rajesh Kumar, the learned Central Government Standing Counsel for the first respondent Mr. G. Rajaraman, the learned Government Advocate Mr.K.Gnanasekaran for the second respondent and carefully perused the materials available on record. 3.The petitioner herein was born on 10.12.1968 at Thirumalpuram, Tenkasi district and is a resident of Thirumalpuram, Tenkasi district. Originally he obtained passport bearing No.M325161 dated 29.09.1992 from the Regional Passport Office at Trichy, mentioning his date of birth as 10.12.1968 in his passport application. Thereafter, he made an application for reissuance of passport at Embassy of India at Riyadh, mentioning his 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12920 of 2024 date of birth as 10.12.1968 in his application for reissuance of passport vide file in reference No.SAUR00628571 and obtained reissued passport bearing No.E3991247 dated 23.02.2003 from the Embassy of India at Riyadh. For the second time, the petitioner made an application for reissuance of passport again at Embassy of India at Riyadh, mentioning his date of birth as 10.12.1968 vide application in reference No.SAUR20483713 and thereafter was reissued with passport bearing No.L3406234 dated 24.09.2013 by the Embassy of India at Riyadh. The petitioner made an application for reissuance of passport for the third time at Embassy of India at Riyadh, mentioning his date of birth as 10.12.1968 vide application in reference No.SB2074982814923. By this time an adverse police verification report was updated for his application for reissuance of passport, mentioning that the date of birth mentioned in the application for reissuance differs from that which is mentioned in his school certificate and also the column number one of the police verification report with respect to whether there is a conclusive proof that the applicant is a citizen of India was also marked as “NO”. 4.However, based on the request of the petitioner, the application in reference No.SB2074982814923 was closed by Embassy of India, Riyadh on 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12920 of 2024 31.08.2023. The petitioner thereafter came back to India and made an application for reissuance of passport at Passport Seva Kendra at Tirunelveli, mentioning his date of birth as 10.12.1968 vide reissuance application in reference No.MD2075872292123. Again, a police verification report was updated by ticking NO in the column one of the police verification report, which pertains to the question as to whether there is any conclusive proof that the applicant is a citizen of India. Hence, a re- verification was initiated at the instance of the first respondent and even in the re-verification, the question as to whether there is conclusive proof that the applicant is a citizen of India was marked as NO by the jurisdictional police. 5.Hence, the first respondent has written a separate letter to the Superintendent of Police Tenkasi to investigate into the matter on the mismatch with respect to the date of birth of the petitioner in his application as well as his school certificate and also to clarify his nationality status. The receipt of clear police verification report more particularly on the aspect as to whether the petitioner is a citizen of India is yet to be received by the first respondent and only on receipt of the same, the respondent could process the petitioner's application for reissuance of passport. The learned counsel 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12920 of 2024 for the petitioner brought to the notice of this Court that the petitioner has already submitted his explanation as early as on 15.05.2024 in this regard and that apart, he is qualified only up to 9th standard and his parents were also illiterates and his actual date of birth is only 10.12.1968. Only because of the illiteracy of his parents, his date of birth has been inadvertently given as 02.10.1970. Since the petitioner was also not duly educated, he also failed to notice the error in his school transfer certificate. 6.Considering the fact that the petitioner is the sole breadwinner of the family and that he had been employed only in abroad for the past several years and if his application for renewal of passport is not duly considered and renewed, his family will be subjected to irreparable loss and injury and would be forced to live in penury and on that basis pressed for allowing the writ petition. However, the learned Central Government standing Counsel appearing for the first respondent submitted that until the final report from the Superintendent of Police, Tenkasi, with respect to the discrepancy of his date of birth as well as his nationality status is received, his application could not be processed. 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12920 of 2024 7.Recording the said submission, this Court hereby direct the first respondent to consider the petitioner's explanation dated 15.05.2024 and pass appropriate orders in accordance with law on the receipt of the awaited police verification report from the Superintendent of Police, Tirunelveli district at the earliest. 8.Accordingly, the writ petition is disposed of. No costs. 27.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Regional Passport Officer, O/o.Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002. 2.The Superintendent of Police, Tenkasi District. 6/7 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12920 of 2024 L.VICTORIA GOWRI, J. Sml W.P.(MD).No.12920 of 2024 27.01.2025 7/7 https://www.mhc.tn.gov.in/judis