R.Saravanan v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.20475 of 2017 R.Saravanan ... Petitioner Vs.

The Regional Passport Officer, Regional Passport Office, Madurai.

... Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent correct the petitioner's date of birth as well as the petitioner's address in his passport bearing No.K3008971 based upon the petitioner's representation dated 04.10.2017 within a stipulated time as fixed by this Court.

For Petitioner : Mr.C.Jeyaprakash For Respondent : Mr.Kathirvel, ASG Assisted by Shanmugaselvam Standing Counsel

O R D E R

The petitioner is seeking correction in the entries in his passport bearing No.K3008971, which was issued in the year 2012. The correction sought for is two fold. One relates to change of address. The other relates to his date of birth. 2.According to the petitioner, he was actually born on 27.04.1976. This date is mentioned in all the public records such as School Leaving Certificate, Aadhar Card, Voter Identity Card and Driving licence etc. But, unfortunately it has been wrongly given by him as 10.01.1974 in the Passport. This correction is required as the petitioner has to once again travel abroad for his employment.

3.The learned Additional Solicitor General rightly pointed out that if an applicant applied for change of date of birth, it must be done within a reasonable period of time of five years. He had earlier applied for passport in the year 1995. Even in the passport the date of birth was given as 10.01.1974 only. https://hcservices.ecourts.gov.in/hcservices/

4.Though the submission of the learned Additional Solicitor General is sound, I am inclined to take a lenient view in the matter. The petitioner has been employed abroad. He has come back. He needs to go once again. Therefore the Passport Authority can very well levy the appropriate penalty on the applicant for issuing the revised passport for having furnished drafting wrong information regarding his date of birth. 5.This Writ Petition is allowed as prayed for. The Passport Authority shall reissue the passport after making necessary corrections as sought for by the writ petitioner in his representation dated 04.10.2017. It is open to the Passport Authority to levy appropriate penalty on the applicant. 6.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Regional Passport Officer, Regional Passport Office, Madurai.

+1cc to Mr. C.Jeyaprakash, Advocate Sr.No.85775 +2cc to Mr.N.Shanmugaselvam , Advocate Sr.No.85820 TSG VB/KP/SAR2/20.11.2017/2P/5C W.P(MD)No.20475 of 2017 07.11.2017 https://hcservices.ecourts.gov.in/hcservices/