LATHIKA Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) 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 Passport 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.