IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 26442 of 2011(E) -------------------------- PETITIONER: ----------- SINDHU SREEDHARAN NAIR, W/O. SREEKUMAR, SHREYAS, (VELIYATH HOUSE), SOUTH CHITTOOR, CHERANALLOOR, KOCHI-682 027. BY ADVS. SRI.S.SUBHASH CHAND SMT.V.AJITHA RESPONDENTS: ------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI-110 001. 2. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOCHI-682 011. 3. THE SUB INSPECTOR OF POLICE, CHERANALLOOR POLICE STATION, CHERANALLOOR, ERNAKULAM-682 027. R1 & R2 BY SRI. P.PARAMESWARAN NAIR, A.S.G. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ WP(C).No. 26442 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER DTD.10.11.09 PASSED BY THIS HON'BLE COURT IN CRL.M.C.NO.3391/2009. EXT.P2 : TRUE COPY OF THE NOTICE DTD.7.1.2011 ISSUED BY RESPONDENT NO.2 TO THE PETITIONER. EXT.P3 : TRUE COPY OF THE REPLY DTD.20.1.2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.2. EXT.P4 : TRUE COPY OF THE JUDGMENT DTD.18.3.2011 PASSED BY THIS HON'BLE COURT IN WPC NO.7595/2011. EXT.P5 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2. EXT.P6 : TRUE COPY OF THE PASSPORT BEARING NO.J 4724968 CANCELLED BY RESPONDENT NO.2. EXT.P7 : TRUE COPY OF THE PAGE NO.2 OF THE SSLC BOOK OF THE PETITIONER. EXT.P7(a): TRUE COPY OF THE DRIVING LICENCE ISSUED BY MINISTRY OF INTERIOR, DUBAI (EXPIRED ON 16.11.09). EXT.P7(b): TRUE COPY OF THE STATEMENT OF ACCOUNT IN RAK BANK, DUBAI. EXT.P8 : TRUE COPY OF THE NOTIFICATION DTD.6.7.2011 PUBLISHED BY THE PETITIONER IN DESABHIMANI DAILY. EXT.P8(a): TRUE COPY OF THE NOTIFICATION DTD.6.7.2011 PUBLISHED BY THE PETITIONER IN MANGALAM DAILY. EXT.P9 : TRUE COPY OF THE SHOW CAUSE NOTICE DTD.12.9.2011 ISSUED BY RESPONDENT NO.2. EXT.P10: TRUE COPY OF THE REPLY DTD.21.9.2011 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2. EXT.P11 : TRUE COPY OF THE CERTIFICATE DTD.15.3.2011 ISSUED BY RESPONDENT NO.3. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE JJJ P.R.RAMACHANDRA MENON, J ----------------------------------------- WP(C) NO. 26442 OF 2011 ------------------------------------ Dated this the 4th day of October, 2011. JUDGMENT The petitioner has approached this Court with the following prayers: (i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No. 2 to issue passport to the petitioner after changing her name from Sindhu Sreekumar to Sindhu Sreedharan Nair as applied by her as per Ext.P5 application and in the light of Exts.P1 and P4 judgments, within such time as this Hon'ble Court may deem fit and proper in the interest of justice. (ii) To issue a declaration that the petitioner is entitled to be issued with a passport after changing her name from Sindhu Sreekumar to Sindhu Sreedharan Nair as applied by her in Ext.P5 application and in the light of Exts.P1 and P4 judgments, dehors the pendency of Criminal Case bearing Crime No. 454/2009 of Cheranelloor Police Station and Ext.P9 notice and denial of the same is absolutely arbitrary and unconstitutional under Articles 14 and 21 of the Constitution of India; and (iii) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs. 2. The petitioner had approached this Court earlier by filing WP(C) No. 7595/2011, which culminated in Ext.P4 judgment dated 18th March, 2011, whereby relief granted to the petitioner enabling her to obtain the passport; subject to 2 WP(C) No. 26442/2011 the condition the petitioner shall obtain clearance from the concerned Magistrate's Court before leaving India. 3. The learned counsel for the petitioner submits that pursuant to the above verdict, Ext.P6 passport was issued to the petitioner. However, the present grievance is that, the name of the petitioner as given in the passport is liable to be corrected as 'Sindhu Sreedharan Nair' (incorporating the name of the father as well) in the place of 'Sindhu Sreekumar'. The petitioner has also submitted necessary documents in support of the application preferred in this regard; since no further action is being taken, the petitioner is constrained to approach this Court by filing the present Writ Petition. 4. Heard the learned A.S.G. for the respondents as well. 5. After considering the sequence of events, this Court finds that the petitioner could be granted the relief by directing the second respondent to consider Ext.P5 application preferred by the petitioner in the light of Exts.P3 and P4 and such other materials produced in support of the claim for issuance of passport, correcting the name as sought for by the petitioner. It is ordered accordingly. 3 WP(C) No. 26442/2011 6. It is made clear that the observation made by this Court earlier, in Crl.M.C. No. 3391 of 2009, will remain in force and the petitioner shall obtain permission from the concerned Magistrate's Court before leaving India (as already ordered in Ext.P4). The proceedings as above shall be finalised in accordance with law, as expeditiously as possible, at any rate, within a period of 'three weeks' from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE dnc