Abdul Azees A v. The Regional Passport Officer
W.P(MD)No.14739 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.14739 of 2021 A.Abdul Azees ... Petitioner Vs.
The Regional Passport Officer, Passport Office, Claret Plaza, No:2, Melakkal Road, Nadaraja Nagar, Madurai District.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent herein to consider and pass order on the representation of the petitioner dated 28.07.2021 within a stipulated period of time to be fixed by this Court. For Petitioner :
Mr.M.Thirunavukkarasu For Respondent :
Mr.T.Mahendran
ORDER
The petitioner seeks the issuance of a passport upon consideration of his representation dated 28.07.2021.
2. The petitioner states that his correct date of birth is 28.06.1983. Such date is indicated in the birth certificate issued to him by the Municipal Commissioner, Aruppukottai, as also in his School Transfer Certificate, Aadhaar Card, Family Card and PAN card. However, when he applied for and obtained a passport in the year 2002, such passport wrongly mentioned his date of birth as 21.06.1979. In such circumstances, he submitted the representation dated 28.07.2021 requesting that his date of birth be amended in the passport in line with the correct date of birth as contained in other Government issued identity cards.
3. Mr.T.Mahendran, learned Standing Counsel, accepts notice for the respondent. He submits that the petitioner's representation would be considered and disposed of on merits. However, he adds that the present situation has occurred on account of the petitioner providing wrong details at the time of issuance of the original passport.
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W.P(MD)No.14739 of 2021
4. In view of the limited scope of the present writ petition, it is not necessary to enter findings on the merits of the matter. Nevertheless, it may be noted that the petitioner has enclosed a copy of his birth certificate, transfer certificate, aadhaar card, PAN card and family card in support of the correct date of birth. Consequently, the respondent should take all of the aforesaid into account before taking a reasoned decision in the matter.
5. Accordingly, the respondent herein is directed to consider the petitioner's representation dated 28.07.2021 and take a reasoned decision thereon after taking into account all material aspects, including the documents submitted by the petitioner to establish his correct date of birth. Such reasoned decision shall be taken and communicated within a period of 30 days from the date of receipt of a copy of this order.
6. W.P.(MD).No.14739 of 2021 is disposed of on these terms without any order as to costs.
Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To The Regional Passport Officer, Passport Office, Claret Plaza, No:2, Melakkal Road, Nadaraja Nagar, Madurai District.
+1 CC to M/s.M.THIRUNAVUKKARASU, Advocate (SR-26880[F] dated 19/08/2021) W.P(MD)No.14739 of 2021 19.08.2021 SB(27.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2