P.Abdul Gani v. The Senior Superintendent (Admin)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.22326 of 2019 P.Abdul Gani ... Petitioner versus The Senior Superintendent (Admn), Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the respondent in Policy Ref.No.MDU/Msc/Pol/16/19, file Ref.No.OMNMP-1428111 dated 05.04.2019 and quash the same and consequently direct the respondent to rectify the mistake of date of birth mentioned in the re-issued passport No.J6497523.

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For Petitioner : Mr.B.Chakkaravarthi For Respondent : Mr.M.Kannan, Central Government Standing Counsel

ORDER

The petitioner has filed this writ petition challenging the impugned communication, dated 05.04.2019, in and by which, the respondent has rejected the request of the petitioner for change of his date of birth in the Passport.

2. The petitioner has obtained passport on 27.09.1993 by declaring his date of birth as 10.06.1971 and his passport was renewed twice with the same date of birth. In the year 2019, he made a request to the respondent to change his date of birth in the passport as 07.03.1980 on the strength of Aadhaar Card and Voter ID. The respondent, by the impugned communication dated 05.04.2019, rejected the request of the petitioner stating that he is holding the passport with the date of birth as 10.06.1971 and he has remained silent 2/5

for nearly 25 years without taking initiative to correct the date of birth and after 25 years, he wants to correct his date of birth as 07.03.1980 with a vast difference of 9 years on the basis of Aadhaar Card and Voter ID.

3. The petitioner wants to change his date of birth in the passport as 07.03.1980 instead of 10.06.1971. The petitioner has obtained passport in the year 1993 with the date of birth as 10.06.1971 and his passport was renewed twice with the same date of birth. He has kept quiet for nearly 25 years and only in the month of March 2019, he made a request to change his date of birth as 07.03.1980 with the difference of 9 years based on the Aadhaar Card and Voter ID only. As there is a vast difference of 9 years in the date of birth, the respondent has rightly rejected the request of the petitioner. Therefore, this Court finds no reason to interfere with the impugned communication dated 05.04.2019.

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4. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 05.01.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To The Senior Superintendent (Admn), Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

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B.PUGALENDHI, J.

ogy 05.01.2024 5/5