Sakthi Mohan v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sakthi Mohan ... Petitioner Vs.

The Regional Passport Officer, Regional Passport Office - Madurai, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the Respondent in 2200005_CPC_MDU dated 31.01.2022 and quash the same and consequently direct the Respondent to re-issue the passport by amending the petitioner's date of birth as `06.03.1956` instead of `05.07.1967` within the time frame stipulated by this court. For Petitioner : Mr.S.I.Muthiah For Respondent : Mrs.L.Victoria Gowri, Asst. Solicitor General.

1/4

ORDER

Heard the learned counsel for the writ petitioner and the learned Assistant Solicitor General for the respondent.

2.The petitioner sought change of his date of birth in the passport. The petitioner's passport mentioned the petitioner's date of birth as 05.07.1967. He wants the same to be changed as 06.03.1956. When a request was made, it was rejected. Questioning the letter of rejection dated 31.01.2022, the present writ petition has been filed.

3.As rightly pointed out by the learned Assistant Solicitor General, the Regional Passport Authority entered the details only based on the particulars furnished by the writ petitioner. The petitioner had obtained the passport way back in the year 1991. It was renewed twice. The learned Assistant Solicitor General relied on the decision of the Hon'ble Division rendered in W.A.(MD)No.1510 of 2018 dated 08.11.2018. The Hon'ble Division Bench dismissed the writ appeal by setting out the following reasons:- "4.This Court do not find any merits in the writ appeal for the following reasons:

2/4

a).......

b)Having regard to the admitted fact that the appellant who is holding a passport for more than 34 years by showing his identity as a person born on 14.05.1960, has travelled abroad several times and has worked for several years in abroad with this identity, the request of the appellant, after this length of time, cannot be considered by this Court on the basis of his school certificate or other documents relied upon by the appellant."

4.In this view of the matter, I am not inclined to interfere with the impugned order passed by the respondent and the writ petition is dismissed. However, if the petitioner submits a fresh application for renewal of his passport, the same shall be processed and issue passport to the petitioner by mentioning his date of birth as 05.07.1967. No costs. 29.07.2022 Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias 29.07.2022 4/4