HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28328 of 2011 Date : 27.10.2011 Between : Keerthi Nidhi Mathsyarasa. …..Petitioner And The Regional Passport Officer, Visakhapatnam & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28328 of 2011 ORDER : At the request of the learned counsel for petitioner and also the learned Government Pleader appearing for respondents, the matter is heard and is disposed of at the stage of admission. In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondent No.1 in insisting for death certificate of the father of petitioner, Late Sri Venkata Raju Mathsyarasa, for issuing passport to the petitioner inspite of the fact that the petitioner’s mother is willing to file declaration as per the requirement under law. Petitioner, being a minor, is represented by her mother/natural guardian. In the affidavit filed in support of the writ petition, it is stated that the petitioner has completed Intermediate course and she secured admission in M.B.B.S. Course in the international University of Kyrgyzstan. It is submitted that petitioner, when applied for grant of passport by paying necessary fee and the required certificates, respondents are insisting for death certificate of her father, which is not required. This matter was adjourned twice, so as to enable the learned Government Pleader appearing for respondents to obtain instructions whether such declaration is necessary or not. On instructions, it is submitted by the learned counsel appearing for respondents that Annexure-H issued along with the instructions for filling up of application for passport, indicates that father’s declaration is necessary, as such, it is submitted that in view of the death of the father of the petitioner, the death certificate is necessary. I have perused the copy of instructions for filling up of passport application, enclosed along with the writ petition. The instructions issued in Annexure-H are with regard to declaration of applicant’s parent or guardian, if passport is for minor. The format contains the signatures of father, mother and legal guardian. A perusal of said format indicates that if both the parents of the applicant are alive, it requires the signatures of both the parents. But when it is stated that the father of the petitioner is not alive and the mother is representing as natural guardian, the respondents cannot insist for death certificate of the father. It is also to be noticed that there is no dispute with regard to the identity of the petitioner’s mother, and in that view of the matter, there cannot be any reason for directing the petitioner to produce the death certificate of her father, at this point of time. As much as it is stated that the last date given for the purpose of admission is fast approaching, I deem it appropriate to dispose of the writ petition, directing the respondents to consider the application of petitioner for grant of passport forthwith, without insisting for death certificate of her father, if the application is otherwise in order. Subject to the above direction, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 27th October 2011 N.B: Issue C.C. today. (b/o) ajr