Madras HC directs authorities to issue passport to man born in T.N. to Sri Lankan Tamil parents

Bringing relief to a man born to Sri Lankan Tamil parents in Tiruchi in 1986, the Madurai Bench of the Madras High Court held that he was an Indian citizen as per the Citizenship Act, 1955, and was entitled to be issued an Indian passport.

The court was hearing a petition filed by Gokuleswaran. He was born on February 9, 1986, in a government hospital in Tiruchi. His parents, along with other refugees, had arrived from Sri Lanka and were accommodated at the Sri Lankan Tamils Rehabilitation Camp in Kottapattu, Tiruchi, in 1983.

He contended that being born in India, he was an Indian citizen by birth as per Section 3 of the Citizenship Act, 1955. He applied for an Indian passport in 2024. While awaiting the issuance of his passport, he received an objection letter from the Regional Passport Officer, Tiruchi. He was informed that an adverse police report had been received from the Commissioner of Police, Tiruchi.

He then appeared before the Regional Passport Officer and produced the requisite original records along with copies of the judicial orders recognising citizenship by birth. Despite this, he was issued another letter requiring a further response.

In compliance, he submitted a detailed representation. Once again, he was summoned by the Regional Passport Officer referring to the same adverse police report. As the passport was not issued, he filed the present petition seeking relief.

Justice P.T. Asha observed that the petitioner was born on February 9, 1986, in Tiruchi. The Regional Passport Officer had verified the authenticity of the birth certificate with the competent authority, who confirmed its genuineness. The date of birth was also reflected consistently in the petitioner’s SSLC and HSC mark sheets.

The court observed that under Section 3 (1) (a) of the Citizenship Act, 1955, any person born in India on or after January 25, 1950, but before July 1, 1987, was a citizen of India by birth, irrespective of the nationality of the parents. Since the petitioner was born on February 9, 1986, prior to the cut-off date, he was an Indian citizen by birth.

Once citizenship by birth was established and the genuineness of the documents verified, the adverse police report referring to his parents nationality cannot override the statutory right conferred by Section 3 (1) (a) of the Act. Accordingly, the petitioner was entitled to be issued a passport, the court observed and directed the Regional Passport Officer, Tiruchi, to process and issue the passport to the petitioner.