Suneer A.S. v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 WA.No. 2156 of 2015 ------------------------------- JUDGMENT DATED 08-07-2015 IN WP(C) 14739/2015. ............

APPELLANT/PETITIONER:

-------------------------------------- SUNEER A.S, S/O.SHAMSUDEEN KUNJU A, AGED 43 YEARS, RESIDING AT VILAKKUDI, P.O.VILAYIL, MALAPPURAM DISTRICT.

BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S)/RESPONDENTS:

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1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, PIN-110 001.

2. THE REGIONAL PASSPORT OFFICER, KOZHIKODE, PIN-673 001.

3. THE CONSULATE GENERAL, INDIAN EMBASSY, DUBAI, UAE.

BY SRI.N.NAGARESH, A S G OF INDIA SMT.C.G.PREETHA(CGC) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.A.No.2156 of 2015 ---------------------------------------- Dated this the 19th day of October 2015

J U D G M E N T

Shaffique, J This writ petition is filed seeking for correction of date of birth which was shown in the passport as 08/06/1960. According to the petitioner, his actual date of birth is 25/05/1971, as evident from the extract of Secondary School Leaving Certificate as well as from the driving licence. The learned Single Judge dismissed the writ petition based on the judgment in W.P.C.No.9073 of 2015 and connected cases.

2.

We have already held in similar cases that it shall be open for the petitioner/appellant to approach the Civil Court to obtain necessary declaratory decree and thereafter approach the Passport Officer seeking correction of date of birth in the passport.

In the light of the judgment of this Court in Union of India v. Sunil Kumar [2015(3)KLT 501], this writ appeal is disposed of

permitting the appellant to approach the Civil Court for seeking appropriate declaratory decree and thereafter to approach the Passport officer for necessary corrections.

(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/19/10/2015