ORDER : 1. The petitioner seeks issuance of a Writ of Mandamus to direct the respondents 1 to 3 to identify the Corpse/Mortal remains of petitioner's husband, namely, Mr.Fyroz Khan with the authorities concerned, kept at University of Malaya Medical Centre, and that the person found in both the passports are one and the same person i.e., the petitioner's husband, in order to facilitate his employer to perform a decent burial in accordance with rites and customs of his religion in Malaysia by considering the petitioner's requisition dated 31.12.2024, and consequently direct the first respondent to issue a death certificate of petitioner's husband in the name of Fyroz Khan Syed Buhari, as found in the passport No.N958076 dated 09.03.1993. 2. The petitioner's husband is one Fyroz Khan, S/o Syed Buhari. He obtained a passport in the year 1993, by giving the correct particulars. Fyroz Khan solemnized his marriage with the petitioner on 27.02.2002. From the wedlock, a girl child was born to them, who is married and residing separately. 3. The said Fyroz Khan was working as a Cook in a Hotel, namely, M/s.Restoran Anwas Maju Ush Heights, 1, Propedia Consultancy, USJ No.1, 1A, Jalan Usj Heights, Usj Avenue, 47610 Subang Jaya, Selangor in Malaysia. He used to visit Ramanathapuram frequently. 4. The petitioner states that on 29.12.2024, she received an intimation that her husband suffered a massive cardiac arrest and passed away in Kuala Lumpur, Malaysia. Due to the intimation given to the Indian High Commission in Malaysia. The body has been kept in the mortuary of the University of Malaya Medical Centre at Kuala Lumpur. When an arrangement was sought to be made for the lying body to rest, it came to light that the deceased, Fyroz Khan, travelled to Malaysia, providing incorrect particulars of himself. He obtained a passport in Passport No.U0560550, dated 29.07.2020, stating that his name is Gani, and that his father's name is Abdul Khadhar. 5. The petitioner was informed regarding the procedure adopted by Malaysia stating that the High Commission of the concerned country has to give a “No Objection” to hand over the body to the employer, so as to process the same for the purpose of a decent burial. However, in this case, as Fyroz Khan had travelled abroad as Gani, the Indian High Commission was not willing to give a certificate to that effect. However, in this case, as Fyroz Khan had travelled abroad as Gani, the Indian High Commission was not willing to give a certificate to that effect. Hence, the petitioner gave a representation to the State, as well as the Union of India stating that the deceased Gani and Fyroz Khan are one and the same person. In order to prove her relationship with Fyroz Khan, she enclosed a marriage invitation, a certificate, family photos, a copy of the Adhaar Card, a copy of the S.S.L.C. Certificate, and a copy of his old Passport. 6. On receipt of the representation, the District Collector swung into action, and directed the Tahsildar, Ramanathapuram, to investigate and submit a report as to whether Fyroz Khan and Gani are one and the same person. In turn, the Tahsildar called upon the Village Administrative Officer of the concerned village, and asked him to submit a report to this extent. The Village Administrative Officer recorded the statement of the petitioner and the local residents. However, he was not in a position to confirm as to whether Fyroz Khan and Gani are one and the same person. Consequently, the third respondent, the Commission of Rehabilitation and Welfare of Non- Resident Tamils, and the respondents 1 and 2 could not process the request of the petitioner. Hence, this writ petition. 7. This writ petition was entertained by this court. Notice was issued to the respondents. 8. The respondents 1 and 2 were represented by Mr.K.Govindarajan, learned Deputy Solicitor General of India, and the respondents 3 to 5 were represented by Mr.S.Shaji Bino, learned Special Government Pleader. 9. Several orders were passed by this court directing the District Collector and the Tahsildar to verify from the photographs that had been produced by Mr.K.Govindarajan of the dead body, along with that of Gani to conclude whether they are one and the same person. On the last occasion, the Tahsildar submitted a report stating that upon comparison of photographs, he is not in a position to conclude Fyroz Khan and Gani are one and the same person. 10. At that stage, Mr.C.M.Arumugam produced a letter from the Jamaath to which Fyroz Khan belonged and also the statements that had been made by the local residents to the effect that Fyroz Khan and Gani are one and the same person. 10. At that stage, Mr.C.M.Arumugam produced a letter from the Jamaath to which Fyroz Khan belonged and also the statements that had been made by the local residents to the effect that Fyroz Khan and Gani are one and the same person. Hence, the matter was adjourned on 21.03.2025 to enable the Tahsildar to verify the veracity of the statements made by several third party witnesses on 20.03.2025 and submit a report. 11. In addition, the “No Objection” certificate that had been given by Periya Muhallah Muslim Jamaath Nirvaga Mandram, Ramanathapuram was handed over by Mr.C.M.Arumugam to Mr.S.Shaji Bino. The Jamaath had certified that Fyroz Khan was a member of the Periya Muhallah Muslim Jamaath Nirvaga Mandram, Ramanathapuram, and that he had passed away on 29.12.2024, while working at Malaysia and that the Jamaath has “No Objection” for the funeral to be performed in Malaysia itself. 12. The matter was posted today for filing of the report by the Tahsildar. 13. The Tahsildar has submitted a report stating that on the basis of the enquiry, it has been held as follows: 14. This report makes it clear that Fyroz Khan had obtained a passport unauthorizedly under the name of Gani and he travelled to Malaysia, under the obscured identity. 15. As the identity of the person has been concluded on the basis of the local enquiry by a responsible officer at the rank of Tahsildar, there is no impediment for the respondents 3 and 4 to inform the respondents 1 and 2 to grant a “No Objection” certificate for the performance of the death ritual and other connected matters related to it. 16. The Constitution of India not only operates within the territory of this country but also protects any person, who travels under its flag to a foreign country. A dead body, irrespective of class, colour, or country or origin, is entitled to a decent burial. 17. In fact, when the passport is issued, the following words are found on every passport. “These are to request and require in the Name of the President of the Republic of India all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford him or her every assistance and protection of which he or she may stand in need.” 18. “These are to request and require in the Name of the President of the Republic of India all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford him or her every assistance and protection of which he or she may stand in need.” 18. A reading of the above shows that in the certification of every passport issued, the Republic of India makes a request to a person or authority, who is under its jurisdiction to make available such assistance as possible to the holders of passports of this country. 19. Fyroz Khan died, and he died as an Indian citizen. Therefore, it becomes the duty of this nation to ensure that Fyroz Khan's dead body is buried according to the Islamic customs and practices in Malaysia. The family of the deceased has no objection that the body be buried in Malaysia, and this statement has been fortified by the statement of Mr.C.M.Arumugam who stated that the family is willing for the last rites to be performed there itself. He states that the family is not financially well off, and therefore, they are not in a position to bring the body back to this country. 20. As the identity has been clarified by the Tahsildar, there shall be a direction to the respondents 1 to 3 to take such efforts as are necessary to ensure that not only the body is buried, but also due certification is given to the writ petitioner that her husband, Fyroz Khan, is no more. The dead body has been lying in Malaysia since December 2024. Hence, the respondents are requested to expedite the process and comply with the same within a period of four weeks from today. 21. This writ petition is ordered accordingly. No costs. 22. Call the matter on 29.04.2025 for reporting compliance.