The court emphasized the importance of considering the peculiar facts and circumstances of the case, including the petitioner's lack of knowledge about the old passport and birth certificate, in reaching the decision.

This Writ Petition has been filed praying for a Writ of Mandamus to direct the respondent to process the petitioner's application and issue the passport by using the name of the step father Ebenezer John in the passport within a time frame.

2. The case of the petitioner is that out of the wedlock between Shasi and late Mr.L.Shanmukam, the petitioner was born. The said Shanmukam is the biological father of the petitioner. However, the marriage between Shasi and Shankukam got dissolved on 12.11.2001, while the petitioner was minor. His mother, namely, Shasi, remarried one Ebenezer John, under whom, the petitioner was brought up.

3. In the meanwhile, the petitioner wanted to go abroad for the purpose of employment, for which, he applied for a passport with the respondent. The said request was turned down by the respondent on the ground that he has been already granted with a passport while the petitioner was a minor on the application of his biological father and hence, he was asked to surrender the old passport to enable the respondent to issue a fresh passport. Since the petitioner is unaware of the said fact, he had lodged a police compliant as to the missing of his old passport, who in turn, issued a 'Non-traceable Certificate' to the petitioner. Along with the said Certificate, once again, the petitioner approached the authorities for issuing the passport.

4. While the situation stood thus, the petitioner got placement in Cambridge University

Hospital NHS Trust at United Kingdom as a Band 5 Staff Nurse with certain conditions stipulated therein. Since there was no response from the respondent, the petitioner sent a mail to the grievance cell of the respondent, who in turn, stated that the passport can be issued only in the name of his biological father's name alone and not in the name of step father.

5. It is further averred in the affidavit the all the Certificates possessed by the petitioner such as transfer certificate, ration card, driving licence, birth certificate etc., the stepfather's name alone has been mentioned and only in the old passport, about which the petitioner had no knowledge, the biological father's name has been entered. In spite of all these facts, the respondent did not change their stand and refused to issue a new passport. Having been left with no other remedy, the petitioner is before this Court under Article 226 of the Constitution of India.

6. The respondent has filed a counter affidavit stating that the petitioner had initially applied and obtained passport No.B5267587 dated 11.04.2001 valid upto 10.04.2006 from passport office, Chennai. At that time, his personal particulars are Shri.John Ebenezer son of Shanmugam born on 09/02/1991 at New Delhi. An adverse police verification report was received from the Commissioner of Police, Chennai. Confirmation was sent to the Regional Passport Officer, Chennai, regarding adverse police verification report. In response to the reply received from the Regional passport Officer, Chennai, it was stated that 'the applicant was not available in the given address'. Suppressing the said fact, again he had applied for a passport with different personal particulars, namely, Shri.John Ebenezer son of Ebenezer John born on 09.02.1991 at Madurai. Though he was earlier advised to surrender the old passport, he produced a missing certificate from the police authorities. According to the respondents since he deliberately did so, it attracts Section 12(1)(b) of Passport Act, 1967.

7. Further, initially, he applied for passport at Regional Passport Office, Chennai, along with the Birth Certificate issued by the Union Territory of Delhi attached to his passport application and in which his father name is R.Shanmugam, mother's name is Shashi and place of birth is at New Delhi. Subsequently, the petitioner had applied and obtained another Birth Certificate issued by the Sanitary Inspector cum Births and Deaths Registrar, Madurai Corporation mentioning his father name is Eben