Passport issuance requires established citizenship status; suppressing nationality information is a legal offense.

ORDER

This Writ Petition is filed, seeking to direct the first respondent to reissue the passport in application file No.TR-2075843934923 for the period of 10 years, by considering the petitioner's representation dated 20.07.2024.

2.The petitioner and her family members belong to Sri Lankan nativity. Though her parents belong to Sri Lanka, they have obtained overseas citizenship of India. The petitioner was born and brought up in Sri Lanka and during 1993, she travelled to India along with her parents and got married to one Muthupandiyan on 29.01.1993, following Hindu rites and customs, following which her marriage was also registered before the District Registrar of Tiruchirappalli, bearing Registration No.83 of 1993. Out of the said wedlock, she was blessed with two children, a son and a daughter and she has been residing in India along with her family members since 29.01.1993 till date.

3.But her parents continued to live in Sri Lanka. Therefore, for the purpose of visiting her old aged parents, she had applied for an Indian passport and managed to receive the same on the basis of the identity proof issued by the State and Central Government, like voter ID, smart card, Aadhar card, etc. Thus, the petitioner is the holder of Indian passport bearing Passport No.J2903086. The said passport expired on 07.08.2021. Hence, she made an application before the first respondent to re-issue the same. However, the same is not considered by the first respondent. On the other hand, she was instructed by the first respondent to obtain Indian Citizenship Certificate for the purpose of re-issuance of passport in her name. Hence, this Petition came to be filed.

4.The learned counsel for the petitioner submitted that already the petitioner is a holder of Indian passport bearing No.J2903086 and the present application is only for re-issuance of the same. She had married an Indian, namely, Thiru.Muthu Pandian on 29.01.1993 and she is continuing to live in India along with her husband and children in India till date and only for the purpose of visiting her parents who are living in Sri Lanka, she had already availed an Indian passport by the strength of the various documents issued in her favour by the Central as well as the State Government and accordingly, the re-issuance of passport to her can be done in terms of Section 20 of the Passport Act, 1967 , and pressed for allowing the Writ Petition.

5.Per contra, the learned Deputy Solicitor General on the basis of the counter affidavit filed by the first respondent submitted that, Mrs.Roshini Muthupandian, w/o. Muthupandian, born on 10.10.1972, is residing at No. 10/1, Vathukara street, Woraiyur, Tiruchirappalli Urban – 620003, with her husband and children. At the first instance, she made an application for passport, suppressing the information regarding her nationality, date and place of birth vide passport application file Reference No.TR2074346121122 and managed to obtain a passport bearing No.J2903086 dated 08.08.2011.

6.On expiry of the same, now she had applied for re-issuance of passport vide file No.TR2075843934923 dated 05.10.2023, at the Passport Seva Kendra, Trichy, in continuation of the passport No.J2903086 dated 08.08.2011. The petitioner had already held Sri Lankan passport No.J0631691 dated 15.09.1989 valid up to 14.09.1994, which was issued from Colombo by the Sri Lankan Government. The said passport was submitted to the first respondent office vide file Reference No.TRYE00913205 under re-issue category and it was requested to issue an Indian passport. However, the said application was closed after returning her Sri Lankan passport based on her request to close the application. 7.Thereafter, the petitioner was instructed to contact the Embassy of Sri Lanka in this regard. However, the petitione