Abdul Majeed .N v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Abdul Majeed ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Road, Near Thamarai Thotti Bus Stop, KK Nagar, Ramaond Reserve Line, Madurai.
2.The Passport Officer, Passport Sevakendra, Mukesh Towers, 13, South Bypass Road, Xavier Colony, Tirunelveli District.
3.The Sub Registrar, Kayalpatnam, Thoothukudi District.
(R.3 is suo motu impleaded vide Court order dated 05.07.2022) ... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to consider the petitioner's representation, dated 21.03.2022 seeking correction in the passport with regard to the mistake of date of birth entry in the passport, within the time limit that may be stipulated by this Court.
For Petitioner : Mr.M.Iniyavan For Respondents : Mrs.L.Victoria Gowri Assistant Solicitor General of India for R.1 & R.2 Mr.K.S.Selvaganesan Additional Government Pleader for R.3
ORDER
Heard the learned counsel on either side.
2. The writ petitioner is a holder of an Indian Passport. In the passport, his date of birth has been mentioned as 04.05.1962. The petitioner wants the same to be corrected as 26.02.1965. Seeking correction in the passport, the petitioner applied to the first respondent. The first respondent did not process the petitioner's request. That let to the filing of this writ petition.
3. When the matter was taken up for hearing, the learned Assistant Solicitor General of India appearing for the respondents 1 and 2 submitted that 2/5
the petitioner has been holding the passport in question for more than 40 years. It was renewed on as many as five occasions. She pressed for dismissal of the writ petition. My attention is drawn to the decision of the Hon'ble Division Bench in W.A(MD)No.1510 of 2018 (H.Albert Vs The Regional Passport Officer) dated 08.11.2018.
4. I carefully considered the rival contentions and went through the materials on record.
5. No doubt the petitioner did not come to the Court or approach the authorities immediately. But a firm assertion was made before me that the petitioner's date of birth was entered in the office of the Sub Registrar, Kayalpatnam soon after his birth. Therefore, I suo motu impleaded the third respondent and called upon the learned Additional Government Pleader to obtain instructions.
6. Today, when the matter was taken up for hearing, the learned Additional Government Pleader submitted that the petitioner's date of birth has been registered as 26.02.1965 and that the registration was made on 08.03.1965. Since an unimpeachable material regarding the petitioner's date of birth have been placed before me I direct the first respondent to effect correction in the petitioner's passport as sought for. 3/5
7. This writ petition is allowed. No costs.
05.08.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Road, Near Thamarai Thotti Bus Stop, KK Nagar, Ramaond Reserve Line, Madurai.
2.The Passport Officer, Passport Sevakendra, Mukesh Towers, 13, South Bypass Road, Xavier Colony, Tirunelveli District.
3.The Sub Registrar, Kayalpatnam, Thoothukudi District.
4/5
G.R.SWAMINATHAN, J.
mga 05.08.2022 5/5