High Court of KeralaWP(C)/494/2015disposed of

Riju Kumar S.N v. The Secretary, Ministry Of External Affairs, New Delhi

2015-01-23Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 494 of 2015 (J) -------------------------- PETITIONER:

----------------------- RIJU KUMAR S.N, AGED 39 YEARS, S/O.NARAYANA PILLAI, REENA NIVAS, THOTTUMUKKU, MATHIRA, KOLLAM.

BY ADV. SRI.T.K.ANANDA KRISHNAN RESPONDENTS:

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

1. THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, GOVERNMENT OF INDIA, NEW DELHI-110 001

2. THE REGIONAL PASSPORT OFFICER, TRIVANDRUM PASSPORT OFFICE, THIRUVANANTHAPURAM. PIN-695 001 R1 & R2 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 494 of 2015 (J) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT BEARING NO. B 1897941 OF THE PETITIONER.

P2:- TRUE COPY OF THE S S L C BOOK.

P3:- TRUE COPY OF THE CIRCULAR DTD 29/10/2007 ISSUED BY THE IST RESPONDENT RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No.494 of 2015 -------------------------------------------- Dated this the 23 rd day of January, 2015

JUDGMENT

The petitioner is the holder of the passport bearing No. B 1897941. The date of birth shown in the passport as '19.05.1970' which according to the petitioner is actually 19.05.1975. The petitioner wants to effect correction the date of birth in the passport with reference to the entires in Ext.P2 nd respondent was approached by SSLC and accordingly, the 2 filing necessary application. The petitioner has been given to understand that, unless the petitioner obtains some favourable orders from a competent Court of law, the request made by the petitioner will not be acceded to, and hence the writ petition.

2. The learned counsel for the petitioner submits that, in view of the law declared by this Court in Nizar v. Union of India (2014 (4) KLT 609 and that of in Swapna Siju Vs. Union of India (2012 (4) KLT 419), the stand taken by the respondent is liable to be intercepted and the petitioner is entitled to have the relief sought for.

W.P.C. No. 494 of 2015 -23. The learned Central Government Counsel appearing for the respondents submits that petitioner will have to file an online application along with an affidavit explaining how the delay has occurred.

4. In the said circumstances, the petitioner is relegated to file an 'on-line' application for correction of date of birth, along with an affidavit as above and the documents relied upon by the nd respondent forthwith; on which event, petitioner before the 2 the same shall be accepted and considered by the second respondent, passing appropriate orders in accordance with law, within a period of three weeks thereafter.

The petitioner shall produce a copy of the judgment along nd respondent for with a copy of the writ petition before the 2 further steps. The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE.

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