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W.P(MD)No. 1805 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED :29.01.2026

CORAM:

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR

W.P(MD)No. 1805 of 2026

Minor. Zoya Hassan

rep. by her mother and natural guardian

Salma Irfana ... Petitioner

Vs

The Regional Passport Officer,

Regional Passport Office,

Madurai,

Bharathi Ula Veethi,

Race Course Road,

Madurai - 625 002. ... Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India, praying this Court to issue a Writ of Mandamus directing the

respondent to re-issue passport to the Minor Petitioner namely, Zoya

Hassan by considering passport application in file No.

MD2077491169325 dated 17.03.2025 and representation dated

16.12.2025 without insisting upon consent or signature of the father or

production of court decree.

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W.P(MD)No. 1805 of 2026

For Petitioner : Mr. I.Abdul Basith

For Respondent : Mr.Mr.K.Govindarajan

Deputy Solicitor General of India

for M.M.Gajendran

Central Government Standing

Counsel

O R D E R

The present writ petition has been filed seeking mandamus

directing the respondent to issue passport to the minor petitioner, based

upon the application presented by her mother on 17.03.2025 and

representation dated 16.12.2025.

2. The petitioner herein was born on 28.09.2009 to Salma Irfana

and Hassan Mustafa. The petitioner was issued with a passport on

01.01.2020 with date of expiry as 31.12.2024. These facts are not in

dispute.

3. The petitioner's mother, namely, Salma Ifrana had got divorce

from her husband through customary divorce and certificate to that effect

has been issued by Al-Jamiul Azhar Jumma Masjid, Kayalpatnam,

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W.P(MD)No. 1805 of 2026

Thoothukudi on 11.01.2015.

4. According to the learned counsel appearing for the writ

petitioner, the petitioner's mother was also issued with a passport after

removing the name of her former husband. He further submits that the

former husband of the writ petitioner's mother has not taken care of the

child and she is in the custody of her mother, Salma Irfana. Therefore,

she has made application for renewal of passport and it is kept pending

insisting upon the consent of father. Therefore, this writ petition.

5. The learned Deputy Solicitor General of India appearing for the

respondent submits that the respondent has to conduct a discrete enquiry.

Therefore, the police official would be requested to verify the statement

made by the writ petitioner in the passport application. After verification

of the same, if the statement made by the petitioner is found to be true,

without insisting upon the consent from the father of the petitioner,

passport would be issued.

6. In view of the abovesaid facts, the respondent is directed to

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W.P(MD)No. 1805 of 2026

make request to the jurisdictional police station, namely, Arumuganeri

Police Station, Thoothukudi District to conduct discrete enquiry to verify

the veracity of the statement made by the petitioner in the passport

application. In case a report is received from the police officials with

regard to the veracity of the statement, the respondent is directed to

proceed in accordance with law and issue passport to the writ petitioner

without insisting "no objection" from the father of the petitioner. This

exercise shall be completed within six (6) weeks from the date of receipt

of a copy of this order.

7. With the said observations, this writ petition is disposed of. No

costs.

NCS : Yes/No 29.01.2026

Index : Yes / No

Internet : Yes / No

apd

To

The Regional Passport Officer,

Regional Passport Office,

Madurai,

Bharathi Ula Veethi,

Race Course Road,

Madurai - 625 002.

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W.P(MD)No. 1805 of 2026

R.VIJAYAKUMAR .,J .

apd

ORDER MADE IN

W.P(MD)No. 1805 of 2026

29.01.2026

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