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2026 Supreme(Online)(Ker) 13473

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
HARITHA BALAKRISHNAN – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 13486 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.P.T.ABHILASH, SRI.P.V.MIDHUN
For the Respondents: SHRI.T.C.KRISHNA, SRI.S.ABHILASH, SRI.K.SIJU, SMT.ANJANA KANNATH, SMT.MARIYA JOSE, SMT.O.M.SHALINA, DSGI

The court determined that if a passport has already been issued, further requests for changes in guardianship are rendered moot.

Headnote:The petition was filed seeking a writ of mandamus for issuance of a passport under the name of a new guardian and to consider the submitted application. The court noted the absence of a recent application for the passport in the new guardian's name. It confirmed that the passport had already been issued in the mother's name. The court concluded that the petition was infructuous.

Result: The writ petition is closed.

Table of Content
1. writ petition filed for mandamus. (Para 1)
2. petition closed as infructuous. (Para 2)

JUDGMENT

The writ petition is filed with the following prayers.

“i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent issue passport of the petitioner’s son at the earliest to adduced the name of new guardian, Rajesh Kappadankandi, forthwith;

ii. issue a writ of mandamus or any other appropriate writ order or direction, commanding the 2nd respondent to consider the Ext. P7 application submitted by the petitioner by virtue of Ext. P8 receipt forthwith;

iii. issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.

iv. dispense with the translation of the document produced in the Vernacular language.”

2. It is submitted by the learned counsel for the passport authority that no application has been preferred to issue a passport in the name of a new guardian. Accordingly, the first prayer cannot be granted. As regards the second prayer, on the basis of Exts.P7 and P8, a passport has already been issued showing the mother as the guardian. This is recorded.

Under such circumstances, nothing further remains to be considered in this writ petition, and the same is closed as infructuous.

Sd/-

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