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Madras High CourtWP/37674/2005disposed of

Kanakasabai Sivaraju v. The Regional Pass Port

2019-06-17Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.37674 of 2005 Kanakasabai Sivaraju ..Petitioner Vs The Regional Pass Port Authority, Sasthri Bhavan, Haddows Road, Chennai 600 006.

..Respondent Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the respondent to alter the date of birth of the petitioner as 23.12.1951 instead of 10.12.1948, wherever it appears in the pass-port bearing No.Z-1101921 dated 23.08.2004, based on the representation dated 31.10.2005 and the birth extracts enclosed thereto.

For Petitioner : Mr.L.Chandrakumar For Respondent : Mrs.Swarnalatha, CGSC

ORDER

Heard the learned counsels appearing on either side and perused the materials available on record.

2. This Writ Petition has been filed for issuance of a Writ of Mandamus to direct the respondent to alter the date of birth of the petitioner as 23.12.1951 instead of 10.12.1948 in the Passport bearing No.Z-1101921 dated 23.08.2004 based on the representation of the petitioner dated 31.10.2005.

3. It is the case of the petitioner that he born on 23.12.1951, but his parents while putting him in the School in Chidambaram had wrongly mentioned the date of birth as 10.12.1948. Hence, he gave a representation dated 31.10.2005 to change the date of birth. Since there was no response, the present Writ Petition has been filed.

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4. It is submitted by the learned Standing Counsel appearing for the respondent that the petitioner's Passport got expired in the year 2014 itself and if the petitioner still has any grievance, he may be directed to give a fresh representation and it will be considered by the respondent in accordance with law.

5. The learned counsel for the petitioner would submit that the petitioner is ready to give a fresh representation.

6. In the light of the above submissions and also taking note of the prayer sought for in the Writ Petition, this Court directs the petitioner to give a fresh representation to the respondent within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the respondent shall consider the said representation and pass orders on merits and in accordance with law.

7.With the above directions, the Writ Petition is disposed of. No costs.

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar pvs To The Regional Pass Port Authority, Sasthri Bhavan, Haddows Road, Chennai 600 006.

+1 CC to Mr.L.Chandrakumar, Advocate sr 49630. +1 CC to M/s. Swarnalatha, Advocate sr 48996. W.P.No.37674 of 2005 CP(CO) SP(15/07/2019) https://hcservices.ecourts.gov.in/hcservices/