Lathika, D/o. Sarojini v. Regional Passport Officer, Passport Office
2012-01-25
MANJULA CHELLUR, P.R.RAMACHANDRA MENON
body2012
DigiLaw.ai
JUDGMENT : Manjula Chellur, J. Heard the learned counsel for the petitioner as well as Sri. T. Sanjay, the learned Central Government Counsel representing the respondent. 2. The appellant is before us, challenging the judgment of the learned Single Judge declining to issue a writ of mandamus against the learned Magistrate. The case of the appellant is that she is a single mother and she approached the passport authority for issuance of a passport for her minor child as she is the holder of an Indian passport. Annexure C in Schedule III of the Pass Port Rules relates to an affidavit which has to be sworn before a Judicial Magistrate. As she is residing within the jurisdiction of the Judicial First Class Magistrate Court - Varkala, she approached the concerned Magistrate for attesting the affidavit in Annexure C which came to be refused. 3. The learned Single Judge after referring to the relevant procedure and especially with regard to the reason why the learned Magistrate rejected attesting the concerned affidavit proceeded to say that there cannot be any jurisdiction for a Court to compel an unwilling Magistrate, who does not have any statutory duty to attest the signature of any one, by issuing a writ of mandamus. 4. Now, subsequent to the appearance of the respondent before this Court, a statement came to be filed on behalf of the respondent. Paragraph 4 of the said statement reads as under. "It is humbly submitted that as per the existing rules, Annexure 'C' can be sworn either before a Magistrate or before a Notary Public. The same has been mentioned at the official website, the Passport Information Booklet attached with the Passport for of Rs. 10/- and in the notification no. GSR 372/E dated 27.04.2010" As per the above statement, the affidavit can be attested either before a Magistrate or before a Notary Public. 5. In that view of the matter, we are of the opinion that it is open for the appellant to approach a Notary Public now and get the affidavit attested as required in Annexure C. Accordingly, we dispose of the Writ Appeal, allowing the appellant to approach the concerned Notary Public for attesting the affidavit as required in Annexure C of the Pass Port Rules, as indicated in the statement of the respondent.
The respondent concerned shall accordingly process the passport application of the minor child of the appellant in accordance with the procedure within four weeks from the date of submission of application by the appellant.