O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 and 2 to consider the passport renewal application of the petitioner vide Application Reference No.24-1005931889 dated 08.05.2024 and renew the passport of the petitioner within the time frame stipulated by this Court.

2.The case of the petitioner is that the petitioner was born on

01.07.2015 at Nivetha Hospital, Dharapuram, Tiruppur District and the petitioner is an Indian citizen by birth. The petitioner's Father is an Indian citizen and the petitioner's Mother is an Sri Lankan citizen. The petitioner's parents marriage was solemnized on 27.08.2014 at Sri Lanka and was registered by the Registrar of Marriages, Sri Lanka on 03.09.2014. After marriage, the petitioner's parents lived in Dharapuram, Tiruppur District, however, matrimonial dispute arose between them and the petitioner's mother filed divorce petition in H.M.O.P.No.81 of 2020 before the learned Subordinate Judge, Dharapuram, Tiruppur District and the same was allowed on 01.03.2022. The petitioner had a valid Indian passport which was issued to her on 30.10.2015 and the same expired on 29.10.2020 and subsequently, the petitioner lost the passport. Therefore, she applied for renewal of passport on 13.10.2022 and her appointment was fixed on 26.10.2022, however, the petitioner's application for renewal of passport was rejected. Hence, this writ petition.

3.The learned counsel appearing for the petitioner submitted that the issue involved in this writ petition is no longer res integra. It has already been considered by the Kerala High Court in the decision reported in 2022 SCC OnLine Ker 1177 [Chaitanya S.Nair (Minor) rep. by Mother and Legal Guardian, Krishna Kumari Radhakrishnan Nair Vs. Union of India, Represented by Secretary to Government of India and others], wherein the Kerala High Court has held that if a person is born in India, irrespective of his/her Mother's citizenship, the person is entitled to get passport. Accordingly, he prayed for allowing the writ petition.

4.Per contra, the learned Central Government Counsel appearing for the respondents submitted that as per the Ministry's instructions, both parent should sign Annexure – D in fresh or reissue cases (both parent shall be present at the PSK while applying for passport for their minor children) or one Indian parent can submit Annexure – C with passport of both parents may be present or with divorce order in case of divorcee.

5.The learned Central Government Counsel appearing for the respondents further submitted that the petitioner's Father is an Indian, holder of Indian passport and her Mother is a Sri Lankan, holder of Sri Lankan passport. In the present case, even though the petitioner is an Indian by birth, she is a minor and hence, the consent of her Father who is an Indian citizen is mandatory to obtain Indian passport. Therefore, the petitioner's application was not accepted by the respondents.

6.Heard the arguments advanced on either side and perused the materials available on record.

7.The facts of the case is not in dispute. The petitioner was born on 01.07.2015 at Nivetha Hospital, Dharapuram, Tiruppur District and the petitioner is an Indian citizen by birth. The petitioner's Father is an Indian citizen and the petitioner's Mother is an Sri Lankan citizen. The petitioner's parents marriage was solemnized on 27.08.2014 at Sri Lanka and was registered by the Registrar of Marriages, Sri Lanka on 03.09.2014. The petitioner was issued with a valid Indian passport on 30.10.2015 and the same expired on 29.10.2020 and subsequently, the petitioner lost the passport. Therefore, she applied for renewal of passport on 13.10.2022 and her appointment was fixed on 26.10.2022, however, the petitioner's application for renewal of passport was rejected on the ground that the petitioner's father objected for issuance of passport to the petitioner.

8.Once passport is issued, the status will continu