Rajaram. R v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Rajaram ... Petitioner Vs.

The Regional Passport Officer, Kochadi Main Road, Madurai.

... 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 relating to the impugned proceedings of the respondent herein in 2200016 - CPC - MDU dated 01.07.2022 and quash the same and consequently direct the respondent herein to renew the passport of the petitioner with his date of birth as 11.08.1971 on the basis of his application vide receipt No. MDUF 21378552395 dated 08.12.2021.

For Petitioner : Mr.VR.Shanmuganathan For Respondent : Mrs.L.Victoria Gowri, Assistant Solicitor General.

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ORDER

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

2.The petitioner's date of birth in his passport has been mentioned as 15.02.1961. He wants the same to be corrected as 11.08.1971. When such a request was made, the respondent by the impugned order dated 01.07.2022 rejected the same. Challenging the said rejection order, this writ petition has been filed.

3.The learned counsel for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to quash the impugned order and allow the writ petition as prayed for. 4.I am not persuaded by the said submissions. As rightly pointed out by the learned Assistant Solicitor General for the respondent, the petitioner had taken his passport more than 36 years back. The passport had been renewed on as many as three occasions. While considering similar circumstances, the Hon'ble Division Bench vide order dated 08.11.2018 in W.A.(MD)No.1510 of 2018 rejected the request of the passport holder. The primary reason set out in 2/4

the impugned order is that the petitioner has consistently shown his date of birth only as 15.02.1961 and obtained three reissued passport with the same date of birth. Since no credible explanation has been given by the petitioner, the respondent rightly declined to accede to the petitioner's request. Of course, in the typed set of papers a copy of the birth certificate had been enclosed. It is for petitioner to move the jurisdictional civil Court and obtain declaration regarding his date of birth. If any such declaration is given by the civil Court, then the petitioner can move the respondent authority for correction. 5.With this liberty to the writ petitioner, the writ petition is dismissed. No costs.

14.07.2022 Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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