IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.01.2010 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WRIT PETITION NO.991 OF 2010 AND M.P.NO.1 OF 2010 T.C. Mohanasubramaniam @ Thiruvaiyaru Chockalingam Mohanasubramaniam .. Petitioner Vs. 1. The Deputy Passport Officer, Regional Passport Office, Shastri Bhavan, Chennai – 600 006. 2. Government of India, by its Secretary, Ministry of External Affairs, New Delhi 110 011. .. Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus to direct the Deputy Passport Officer, Chennai, the first respondent herein, to delete the name of V.Venkataraman and incorporate the petitioner's name in the column 'Name of the Father/Legal Guardian' in the passport issued to the petitioner's grandson/Ward Lakshmidevi Harieasswaran bearing No.H- 4941432 dated 16.11.2009. For Petitioner : Mr.J.Thilagaraj For Respondents : Mr.J.Ravindarah,A.S.G. O R D E R The petitioner is before this Court seeking for a direction to the first respondent herein to delete the name of V.Venkataraman and incorporate the petitioner's name in the column 'Name of the Father/Legal Guardian' in the passport issued to the minor Lakshmidevi Harieasswaran (who is the petitioner's grandson), bearing No.H-4941432 dated 16.11.2009. 2. According to the petitioner, he has been appointed as a guardian of the minor child pursuant to the orders of this Court in O.P.No.596/2003 dated 20.10.2004 filed under the Guardians and Wards https://hcservices.ecourts.gov.in/hcservices/ Act, 1890. According to the petitioner, his daughter, the mother of the minor boy Lakshmidevi Harieasswaran, died in mysterious circumstances on 13.8.2003 and a case has been registered against her husband V.Venkataraman for the offence under sections 498-A, 304(B) and 306 of I.P.C. and the case is now, pending trial before the Mahila Court in S.C.No.3/2007. In the passport issued to the minor child, the name of the father has been mentioned as V.Venkataraman and the name of the mother as Lakshmidevi. Since the biological father of the minor child is now arrayed as an accused in a criminal case, the petitioner herein moved this Court for declaring him as the guardian of the minor child and the petition was ordered on 20.10.2004 by holding that the minor child should be placed in the custody of the petitioner (maternal grandfather) and he shall be appointed as the guardian and of course, the father of the minor child could be entitled to visiting rights. The grievance of the petitioner appears to be that his name has not been included in the column 'Name of the Father/Legal Guardian' in the passport issued and therefore, he has approached this Court by way of the present writ petition. 3. No doubt, it is true that this Court has appointed the petitioner as the guardian of the minor child but that by itself will not do away with the rights of the biological father and relying on the order passed by this Court in O.P.No.596/2003, the petitioner cannot seek for substituting his name in the place of the name of the biological father of the minor child. However, the petitioner now, expresses difficulty since he has plans to take the minor child abroad for the purpose of education or otherwise and the immigration authorities of the other countries may raise objections if the petitioner's name is not incorporated in the passport. In fact, the first respondent, by proceedings dated 5.1.2010 has informed the petitioner that the removal of the biological name of the father of the child in the inner cover of the passport cannot be acceded to and the petitioner was directed to approach the Court. 4. Mr.J.Ravindran, the learned Assistant Solicitor General appearing for the respondents submits that the details of the guardianship of the petitioner would be entered in a separate page in the passport by making necessary endorsement in the proper format and such endorsement would be sufficient to establish that the petitioner shall be entitled to represent the minor child as a guardian and this endorsement would also be suffice for all purposes including obtaining visa or any other similar purpose. 5. Therefore, based on the said submission, there will be a direction to the first respondent to make necessary endorsement in a proper format in the passport of the minor child Lakshmidevi Harieasswaran, bearing Passport No.H-4941432 by incorporating the name of the petitioner as the guardian of the minor as appointed by this Court in O.P.No.596 of 2003 dated 20.10.2004. The petitioner is https://hcservices.ecourts.gov.in/hcservices/ therefore, directed to make necessary application in a proper format for making such endorsement and the first respondent shall consider such application and make necessary endorsement as indicated above within a period of three weeks from the date of submission of the said application. 6. With the above observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar vsi To 1. The Deputy Passport Officer, Regional Passport Office, Shastri Bhavan, Chennai – 600 006. 2. The Secretary, Government of India, Ministry of External Affairs, New Delhi 110 011. 1 cc To Mr.J.Thilagaraj, Advocate, SR.5181. W.P.No.991 of 2010 KSK(CO) RVL 03.02.2010 https://hcservices.ecourts.gov.in/hcservices/