Koyamon.A.P 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 FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 WA.No. 2437 of 2015 (J) IN WP(C).8693/2015 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 8693/2015 of HIGH COURT OF KERALA DATED 25-06-2015 APPELLANT(S)/PETITIONER:

------------------------ KOYAMON.A.P S/O.KASSIMKUTTY, ALIKAKKANTE PURAKKAL KORMAN KADAPPURAM, TANUR P.O., TANUR MALAPPURAM DISTRICT-676 302.

BY ADV. SRI.NIRMAL. S RESPONDENT(S)/RESPONDENTS:

----------------------------

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

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

3. THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, MALAPPURAM-676 505. R1-R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/

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

------------------------------------- W.A.No.2437 of 2015 ---------------------------------- Dated this the 20th day of November, 2015.

J U D G M E N T

SHAFFIQUE, J.

This appeal has been filed by the appellant challenging the judgment dated 25.6.2015 in W.P.(C)No.8693 of 2015. The appellant has approached this Court seeking a direction to the Passport Officer to correct the date of birth in the Passport which was issued 20 years back. According to the appellant, his actual date of birth is 20.5.1976, whereas the date shown in the Passport is 8.6.1971. The jurisdiction of the Passport Officer to correct the entry in the date of birth, with reference to the guidelines issued by the Central Government, had been elaborately considered by us in the judgment dated 19.10.2015 in W.A.No.2040 of 2015, wherein we have observed that the correction in the Passport cannot be made by the Passport Officer in terms of the guidelines issued by the Central Government and the

W.A.No.2437 of 2015 remedy of the applicant will be to approach the civil court for appropriate orders.

2. In the said circumstance, we do not think that any error is committed by the learned Single Judge by rejecting the relief sought for by the writ petitioner. However, we only observe that it shall be open for the appellant to approach the civil court for appropriate relief.

Accordingly, this writ appeal is dismissed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

ami/ //True copy// P.A. to Judge