Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946 WP(C) NO. 13620 OF 2024 PETITIONER: RENSIYA R., AGED 36 YEARS, W/O FASIL SALAHUDEEN, KIZHAKKE VEEDU, MUSLIM STREET, KOTTARAKARA.P.O, KOLLAM, PIN - 691506 BY ADVS. M.H.ASIF ALI S.MUHAMMED HANEEFF ARAVIND T RAMESH RAJANA JOSE ASHIK ALI M.H. RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, SECRETARIAT BUILDING, NEW DELHI, PIN - 110001 2 THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, TRIVANDRUM, SNSM BUILDING, KARALKAD JUNCTION, PETTAH.P.O, TRIVANDRUM, PIN - 695024 3 THE VILLAGE OFFICER, VALACODE VILLAGE OFFICE, VALACODE, KALAYANADU, PUNALUR, KOLLAM, PIN - 691331. BY ADVS. SRI.KRISHNA T.C., CGC SRI.SREEJITH V.S., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:
JUDGMENT
Dated this the 27th day of May, 2024 The petitioner, whose first husband passed away, applied for renewal of the Passport with a change of name of the husband. The application is not being entertained. The petitioner is therefore before this Court.
2. The Senior Panel Counsel representing the
Government of India submitted that the petitioner has made two applications for renewal. Unless one of the applications are withdrawn by the petitioner, the application cannot be considered.
3. The Senior Panel Counsel further submitted that
there are deficiencies in the application made by the petitioner for change of name of her husband. The Senior Panel Counsel submitted that the petitioner is the holder of Passport No.K1682563 dated 20.12.2011. She had applied :3: for reissue vide file No.TV1073933106122 with a request for changing spouse name in the Passport. Spouse's name mentioned in her previous Passport was Shahul Hameed Rasheed. She requested to change it to Fasil Salahudeen, as her first husband expired and she has re-married.
4. The petitioner furnished the Death Certificate of
her first husband and a Marriage Certificate in respect of her second marriage. But in the Death Certificate issued by Government of Tamil Nadu bearing Registration No.5 dated 24.07.2012, the name of her first husband is mentioned as T.Rasheed, and his father's name is mentioned as Thankappa Rawther. As per Passport No.K1682396 dated 19.12.2011, his name is Rasheed Shahul Hameed S/o. Shahul Hameed.
5. To the afore facts, the counsel for the petitioner
submitted that the petitioner has produced Ext.P6 to show that Shahul Hameed Rasheed and T.Rasheed is one and the same person. Ext.P9 One and the Same Certificate also will evidence the same. :4:
6. As regards the father of the deceased husband,
the real name of the father was Shahul Hameed. Thankappa Rawther was a pet name under which he was called in the local area. The said Shahul Hameed passed away more than 37 years ago when the petitioner's first husband was aged 5 years. There are no official records available now for the Revenue Authorities to issue a One and the Same Certificate in respect of Shahul Hameed.
7. I have heard the learned counsel for the petitioner and the Senior Panel Counsel representing the respondents.
8. The petitioner has produced One and the Same
Certificate from Revenue Authorities to show that T.Rasheed and Shahul Hameed Rasheed (petitioner's deceased husband), is one and the same person. The difficulty still exists because, the name of the father of the deceased husband, which is Shahul Hameed in the original record, is given as Thankappa Rawther in the Death Certificate. :5:
9. The Death in question relates to 37 years ago
and the Death Certificate was issued 12 years ago. The difficulty faced by the petitioner is that there are no official documents to obtain a One and the Same Certificate in respect of the father of the deceased husband.
10. Taking into consideration the afore facts, the writ
petition is disposed of with appropriate directions: i) If the petitioner submits application for withdrawing the first application for renewal of Passport, the 2nd respondent shall permit the petitioner to withdraw the same. ii) Once the petitioner withdraws the first application, the 2nd respondent shall process the subsequent application for renewal of Passport. iii) Taking into consideration the fact that the death of Shahul Hameed occurred 37 years ago, if the petitioner produces a :6: notarised affidavit to the effect that Shahul Hameed and Thankappa Rawthar is one and the same person, then the 2 nd respondent shall process the renewal application accepting such notarised affidavit. iv) A decision in this regard shall be taken within a period of one month from the date of production of notarised affidavit. Sd/- N. NAGARESH JUDGE SR :7: APPENDIX OF WP(C) 13620/2024 PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF THE PASSPORT OF THE PETITIONER BEARING NO. K 1682563 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE PASSPORT OF LATE RASHEED BEARING NO. K 1682396 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE DEATH CERTIFICATE
DATED 24-7-2012 ISSUED BY REGISTRAR OF BIRTHS AND DEATHS, THIRUVALAYANALLUR OF VADIPETTYU TALUK, MADURAI DISTRICT Exhibit P4 TRUE COPY OF THE CERTIFICATE OF MARRIAGE BEARING NO.3254/2015 DATED 24-3-2015 ISSUED BY REGISTRAR OF MARRIAGES (COMMON), KOTTARAKARA GRAMA PANCHAYAT
Exhibit P5 TRUE COPY OF THE PASSPORT OF PETITIONER'S HUSBAND BEARING NO.V 8780227 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE ONE AND THE SAME CERTIFICATE BEARING NO.78029410 DATED 26-5-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER DATED 13-3- 2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P8 TRUE COPY OF THE PASSPORT OF PETITIONER'S SON BEARING NO.S 1191346 ISSUED BY THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF THE CERTIFICATE DT. 03.05.2024 ISSUED BY THE 3RD RESPONDENT.