Heard both sides. By consent, the main writ petition itself is taken up for final disposal.

2. No counter is filed on behalf of the Respondent.

3. According to the petitioner, he was born out of wedlock between his mother Mrs. Vergin Inigo and his Biological Father Mr. Oliver Samarchibald on 09.07.1994. A Birth Certificate was also issued to him by the Nagercoil Municipality on 19.08.2008 under Regn. No. 4011454.

4. The stand of the Petitioner is that while he was 6 years old, his Biological Father died on 09.08.2000 and thereafter, his mother got remarried to one Jerala Gnanarathinam on 15.11.2002. His mother's new husband and his mother are taking care of him. As a matter of fact, in all the certificates, such as Transfer Certificate and Aadhar Card, his father's name is mentioned as 'Jerald Gnanarathinam'.

5. The plea of the petitioner is that he had completed B.E (Mechanical Engineering) degree course at Jeppiar Engineering College, Chennai, during April 2016. Now, he is desirous of continuing his higher studies at abroad. Since the petitioner's original passport bearing No. H0350281, issued by the Respondent, got expired on 10.09.2013, he made an application to issue a new passport and also applied with all requisite formalities (vide Ref. No. 16-1005980009). It is also represented that after receipt of petitioner's application, the respondent called for him for an interview on 19.07.2016. In fact, in the original passport, his Biological Father's name finds a place. But, in all his certificates like Transfer Certificate and Aadhar Card, his father's name is mentioned as 'Jerald Gnanarathinam' (his mother's new husband). However, in the renewal application form, he mentioned his father's name as of 'Jerald Gnanarathinam'. He attended the interview on 19.07.2016, but so orally informed by the Respondent/Regional Passport Officer, Regional Passport Office, Madurai that unless there is a specific direction from the Court, it may not be possible to issue a new passport by inserting his father's name as 'Jerald Gnanarathinam', after renewing the earlier one.

6. At this juncture, the Learned Counsel for the Petitioner seeks in aid of the decision of this Court in B.S. Deepa Vs The Regional Passport Officer, Chennai-45 and another reported in 2015 (2) CTC 503 at special page 513 and 514, whereby and whereunder, at paragraph Nos. 34 to 38, it is observed as follows:

34. Therefore, the fundamental premise, on which, the Hindu Law of Adoptions proceeds is that the relationship between the biological parents and the children can never get severed, except in accordance with the provisions of this Act. In such circumstances, I do not know how Courts could issue directions to replace the name of the biological father or mother with that of the stepfather or mother. It is only in cases of legally valid adoptions that the names of the biological parents could be replaced by the names of the adoptive parents, as law recognises a severance of ties in such cases.

35. The cases of children surrendered to child care homes or abandoned by their biological parents, do not pose great difficulty. In such cases, the first identity itself is born, only when the Court passes an order approving local or inter-country adoption. Since such adoptions are now well regulated by the earliest decision of the Supreme Court in Lakshmi Kant Pandey vs. Union of India [AIR 1984 SC 469] and the various guidelines issued by the Government of India, the Courts passing orders in terms of the provisions of the Guardians and Wards Act themselves issue appropriate directions to the Passport Office, to include the names of the adoptive parents in the passport issued to the child. But, as stated earlier, the children in such cases happen to be those abandoned by their biological parents. Therefore, there is no chance of any discrepancy between different types of certificates. But, cases such as the one on hand, pose a lot of difficulties, as I have pointed out earlier.