Madras High CourtWP/8937/2013disposed of

Nabi v. The Union Of India,

2018-03-08Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.8937 of 2013 Nabi

...Petitioner

Vs.

1. The Union of India, Rep. by the Joint Secretary (PSP) and CPO, CPV Division, Ministry of External Affairs, Room No.8, Patiala House, Tilak Marg, New Delhi - 110001.

2. The Regional Passport Officer, Municipal Water Tank Building, W.B.Road, Tiruchirappalli, Tamil Nadu - 620008.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents herein to rectify the date of birth of the petitioner and father's name of the petitioner in his passport No.G0796482 from 10.11.1974 to 07.04.1979 and from Syeed Ismail to Ismail, respectively as per his Birth Certificate and School Leaving Certificate.

For Petitioner : M/s.V.Raghavachari For Respondents : Mr.Madanagopal Rao, SCGSC

ORDER

This petition has been filed for a direction to the respondents to rectify the date of birth and father's name of the petitioner, in his passport No.G0796482 from 10.11.1974 to 07.04.1979 and from Syeed Ismail to Ismail, as per his Birth Certificate and Secondary School Leaving Certificate.

2. Heard the learned counsel for the petitioner and the learned Senior Central Government Standing Counsel for the respondents.

3. The learned Senior Central Government Standing Counsel for the respondents submitted that if the petitioner gives a fresh application to the 2nd respondent with required particulars, the same would be considered in accordance with law. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel for the petitioner submitted that the petitioner is ready to give fresh application along with necessary documents.

5. In the light of the above submissions, this Court, without going into the merits of the case, directs the petitioner to give fresh application along with necessary documents to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the 2nd respondent shall consider the application of the petitioner and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks therefrom, after providing an opportunity of hearing to the petitioner.

6. With the above observation and direction, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar pvs To 1.The Joint Secretary (PSP) and CPO, The Union of India, CPV Division, Ministry of External Affairs, Room No.8, Patiala House, Tilak Marg, New Delhi - 110001.

2. The Regional Passport Officer, Municipal Water Tank Building, W.B.Road, Tiruchirappalli, Tamil Nadu - 620008.

+ 1 cc to M/s.V.Raghavachari Advocate,SR.17640 + 1 cc to Mr.Madanagopal Rao Advocate,SR.17817 WP.No.8937 of 2013 ks(co) nr 05/04/2018 https://hcservices.ecourts.gov.in/hcservices/