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Madras High CourtWP/13911/2021disposed of

T.A.Muneer Basha v. The Regional Passport Officer

2021-07-06Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.13911 OF 2021 T.A.Muneer Basha ... Petitioner

Versus

The Regional Passport Officer, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai - 600 006.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to correct the date of birth of the petitioner as 05.04.1971 instead of 04.05.1971 in the Passport bearing No.J8552068 issued by the respondent to the petitioner and to issue a fresh Passport containing the corrected date of birth i.e., 05.04.1971.

For Petitioner :

Mr.A.C.Kumaragurubaran For Respondent :

Mr.M.Aravind Kumar Senior Panel Counsel

ORDER

Mr.M.Aravind Kumar, learned Senior Panel Counsel takes notice for the respondent. With the consent of both sides, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The present writ petition has been filed by the petitioner seeking to issue a Writ of Mandamus directing the respondent to correct his date of birth as 05.04.1971 instead of 04.05.1971 in the Passport bearing No.J8552068 issued by the respondent and to issue a fresh Passport containing the corrected date of birth i.e., 05.04.1971.

3. The case of the petitioner is that he born on 05.04.1971 but at the time of his admission in the school, his date of birth was mistakenly given by his father as 04.05.1971. While https://hcservices.ecourts.gov.in/hcservices/

so, during March 2020, he found from the records of the Corporation that his date of birth was 05.04.1971 and not 04.05.1971. Subsequently, he applied for correction of his date of birth in the public records and the same was corrected as 05.04.1971 in the Aadhar Card and Pan Card. Then, he has made a representation dated 27.03.2021 to the respondent, requesting to correct his date of birth in his Passport, however, till date the respondent has not considered his representation. Hence, the petitioner has filed the present writ petition for the relief stated supra.

4. Heard the learned counsel on both sides and perused the materials placed before this Court.

5. Having regard to the nature of relief sought for in this writ petition and the fact that the representation submitted by the petitioner for correction of his date of birth in the passport issued to him is pending with the respondent, this Court, directs the respondent to consider the petitioner's representation dated 27.03.2021 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner.

6. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrr/rsh To The Regional Passport Officer, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai - 600 006.

+1cc to Mr.A.C.Kumaragurubaran, Advocate, S.R.No.31470 +2ccs to Mr.M.Aravind Kumar, Advocate, S.R.No.31344 W.P.NO.13911 OF 2021 PMK(CO) PBS/08/09/2021 https://hcservices.ecourts.gov.in/hcservices/