Deva Kiruba Dani Sam Selvin Paul v. The Regional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 11.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.18403 of 2020 and W.M.P(MD)No.15399 of 2020 Deva Kiruba Dani Sam Selvin Paul ..Petitioner Vs The Regional Officer, Office of the Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
..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 to rectify the mistakes crept in in the Petitioner's passport, with passport No.290301 in ''Date of Birth'' as 4.6.1981 instead of 5.10.1981, which is wrong entry on it, by considering the Petitioner's representation, dated 10.10.2020 within the time stipulated by this Court. For Petitioner :Mr.C.Kishore For Respondent :Mr.V.Malaiyendran
ORDER
The Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus directing the respondent to rectify the mistakes crept in in the Petitioner's passport, with passport No.290301 in ''Date of Birth'' as
4.6.1981 instead of 5.10.1981, which is wrong entry on it, by considering the Petitioner's representation, dated 10.10.2020 within the time stipulated by this Court.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The case of the Petitioner is that the Petitioner is a resident of Kanyakumari District and at the age of 13, the Petitioner had applied for pasport with the respondent's Trichy Office through his maternal uncle and was issued with a passport in Passport No.S.290301, dated 6.7.1994, which is valid upto 5.7.2004. While applying for passport, by mistake, the date of birth has been mentioned as 5.10.1981 instead of 4.6.1981.When the Petitioner had applied for passport and while filling up the date of birth as 4.6.1981, the officials of the Nagercoil Passport Seva Kendra insisted the Petitioner to show the date of birth as shown in his earlier passport and or otherwise, it cannot be processed and accordingly, an application was submitted for reissue of passport on 13.12.2019.Thereafter, the respondent had issued a notice on 26.12.
2019 stating that there is suppression of materials facts and the Petitioner was called in person and the Petitioner had also offered his explanation to the respondent on 17.1.2020 in person and also handed over the copies of the certificates.
10.10.2020 seeking correction of date of birth in the passport mentioning the date of birth as 4.6.1981, based on the Higher Secondary Certificate, Transfer Certificate of the Annamalai University and Aadhaar Card to show the correct date of birth as 4.6.1981. But till date, no response from the respondent. Hence the Present writ Petition is filed for the relief as stated supra.
4.The respondent has filed a counter affidavit stating that the Petitioner's claim cannot be accepted on the ground that the Petitioner is holding a passport with date of birth as 5.10.1981 and after a lapse of 20 years, he has applied for reissuance of passport vide Reference No.MD4072676830119 with a new date of birth as 4.6.1981 by submitting his Aadhaar Card. Now the Petitioner has applied for passport on 17.01.2020 for re-issuance of passport with the new date of birth as 4.6.1981 based on her Aadhaar Card and XII Standard Mark Sheet. The petitioner was advised to submit her birth certificate in support of her claim for the new date of birth. But the Petitioner has not produced her birth certificate. Hence a letter, dated 26.10.
2020 was sent to the Petitioner calling for production of birth certificate to enable the respondent to process the passport application. The Petitioner kept quiet for more than 20 years and all of a sudden, now the Petitioner has applied for reissuance of passport with a new date of birth as 4.6.1981 instead of 5.10.1981 and hence, prayed this Court to dismiss the Writ Petition.
5.The learned counsel for the Petitioner produced a decision made in W.P(MD)No.3758 of 2022, wherein, no positive orders was passed and an order was passed to consider and pass final orders on merits after affording a fair hearing to the Petitioner.The learned cousnel for the petitioner has also placed reliance on yet another decision reported in 2015(1)CWC 243 in the case of S.Rajesh Kumar .vs. The Secretary, Board of Higher Secondary Education, Department of Government Examinations, Madras-6 and others, wherein, it is stated that the contention of the Educational Authority that correction can be made only before the student leave the school and not later and there cannot be different entires in public records maintained by different authorities. 6.
This Court is of the view that the passport is a very vital document which enable a citizen of a country to go to another country and to return back and moreover, it is a sensitive issue and the particulars/details furnished by the applicant should be true to the knowledge of the applicant. The Petitioner's contention that when he was a minor he obtained passport with a wrong date of birth and now after a lapse of 20 years, he wants to change the date of birth and the same cannot be considered by this Court after a lapse of so many years and as such, no positive direction can be given to the passport authorities in this regard.
passport.
7.On the above facts and circumstances, this Court, without going into the merits of the matter, directs the respondent to consider the representation of the Petitioner, dated 10.10.2020 given in this regard and pass appropriate orders on merits and in acordance with law, within a period of sixteen weeks from the date of receipt of a copy of this order. 8.With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 11.11.2022 Index : Yes/No Internet:Yes/No vsn To The Regional Officer, Office of the Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.18403 of 2020 11.11.2022