Pamanaban v. The Passport Officer

W.P.(MD) No.25510 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.25510 of 2019 Padmanaban ... Petitioner vs The Passport Officer, Passport Office, Madurai.

... Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus, directing the respondent to correct the date of birth as 21.07.1992 in stead of 21.10.1992 and place of birth as Seithur instead of Krishnapuram in the passport of the petitioner bearing No.E8400791 in accordance with the birth certificate, transfer certificate and Higher Secondary Course Certificate by considering his representation dated 07.09.2019. For Petitioner :

Mr.R.Niresh Kumar For Respondents :

Mr.V.Kathirvelu Assistant Solicitor General of India assisted by Mrs.Ragaventhre, Central Government Standing Counsel

O R D E R

Mr.V.Kathirvelu, learned Assistant Solicitor General of India, assisted by Mrs.Ragaventhre, learned Central Government Standing Counsel takes notice on behalf of the respondent. 2.The writ petition has been filed for issuance of a direction, directing the respondent to correct the date of birth as 21.07.1992 in stead of 21.10.1992 and place of birth as Seithur instead of Krishnapuram in the passport of the petitioner bearing No.E8400791 in accordance with the birth certificate, transfer certificate and Higher Secondary Course Certificate by considering his representation dated 07.09.2019.

3.According to the petitioner, he was born on 21.07.1992 and lost his parents in 1993. Thereafter, he was taken care of by his great parents. After completing his Higher Secondary School Studies, he completed Electronics Engineering on 19.04.2014. Since his date of birth was not registered, he moved the appropriate Court and got his birth certificate registered on 09.07.2014. In the said certificate, it has been stated that his date of birth is '21.07.1992' and his place of birth is 'Seithur'. When he was a minor, his great parents applied for passport mentioning his date of birth as '21.10.1992' and place of birth as 'Krishnapuram'. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.25510 of 2019 Subsequently only, he came to know that his date of birth and place of birth are wrongly entered in the passport and applied for rectification. Thereafter, he approached the respondent authority along with authenticated document by way of a representation dated 07.09.2019. The said representation is pending before the authority till date. Hence, he has come to this Court by way of this writ petition.

4.The learned counsel appearing for the petitioner would submit that the petitioner would be satisfied, if an order is passed on his representation.

5.Per contra, the learned counsel appearing for the respondent would submit that the above mentioned representation has not reached the authority.

6.Considering the facts and circumstances the case, a direction is given to the petitioner to send a fresh representation along with his credentials within a period of 2 weeks. On receipt of the same, the respondent is directed to consider the representation and pass orders within a period of two weeks therefrom. 7.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) vs To The Passport Officer, Passport Office, Madurai.

+1CC TO Mr.R.Niresh Kumar, Advocate, Sr.No.102883 SMA/02/01/2020/2P/3C W.P.(MD) No.25510 of 2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2