Sunny Sebastine. J v. The Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN J.Sunny Sebastine ... Petitioner Vs.

The Passport Officer, The Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 2.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the rejection order of the respondent dated 11.04.2023 and quash the same and consequently direct the Respondent to reissue the passport to the petitioner with correct date of birth as 05.04.1976 by considering the petitioner's passport application vide File No.MD2075076075923 dated 21.02.2023 based on the guidelines issued by the Ministry of External Affairs in proceedings No.VI/401/2/5/2001 dated 26.11.2015 within a time stipulation as fixed by this Court.

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For Petitioner : Mr.P.Rengaraju For Respondent : Mr.K.Govindarajan, Deputy Solicitor General of India.

ORDER

Heard both sides.

2.The only request made by the petitioner is correction of his date of birth in the passport. The petitioner would state that when the passport was originally obtained, a wrong date was erroneously given. There was no fabrication of record. The petitioner has now produced his birth certificate and aadhar card and other documents. It is seen therefrom that the petitioner's actual date of birth is 05.04.1976. It is true that the correction is sought to be made after a lapse of more than two decades.

3.On this ground, the petitioner need not be denied relief. Any passport should contain correct particulars. If incorrect particulars had been originally entered, as and when they are noticed, it can very well be set right.

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4.In this view of the matter, the impugned communication is set aside and the correction sought for by the petitioner shall be made. 5.This writ petition is allowed accordingly. No costs. 22.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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