Boby B v. Union Of India
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 W.P.(C).No.3075 of 2015 (H) ------------------------------------------------- PETITIONER(S):- ------------------------ BOBY. B., AGED 35 YEARS, S/O.BABU, RESIDING AT BOBY BHAVAN, CHERUMANGADU, PUTHOOR P.O., KOTTARAKKARA, KOLLAM DISTRICT, PIN-691 507 BY ADV. SRI.V.A.AJIVAS.
RESPONDENT(S):- ----------------------------
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, PIN-110001.
2. THE REGIONAL PASS PORT OFFICER, THIRUVANANTHAPURAM - PIN 695001 R1 & R2 BY ASSISTANT SOLICITOR GENERAL OF INDIA SRI.N.NAGARESH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3075 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXT P1:
THE TRUE COPY OF THE RELEVANT PAGE OF THE PETITIONER'S PASSPORT NO.A 4627938.
EXT P2:
THE TRUE COPY OF THE RELEVANT PAGE OF THE PETITIONER'S S.S.L.C CERTIFICATE ISSUED BY THE HEAD MASTER, S.V.M.M. HIGH SHOOL, VENDOR.
EXT P3:
THE TRUE COPY OF THE PETITIONER'S DRIVING LICENCE. RESPONDENT(S)' EXHIBITS/ANNEXURES:- ------------------------------------------------------------- ANNEXURE A1 TRUE COPY PF THE 3RD PAGE OF SECONDARY SCHOOL LEAVING CERTIFICATE WITH REG.NO.328506 ISSUED BY THE SENIOR ASSISTANT-IN-CHRGE, S.V.M. MODEL HIGH SCHOOL VENDAR, KOTTARAKKARA.
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K. Vinod Chandran, J ----------------------------------------- W.P.(C).No.3075 of 2015-H ----------------------------------------- Dated this the 30th day of June, 2015
JUDGMENT
The petitioner seeks correction of his date of birth in the Passport which was issued to him, on the basis of Exhibits P2 and P3, being the Secondary School Leaving Certificate [SSLC] and Driving Licence, which indicates the date of birth as 30.05.1979.
2. However, the petitioner had, while applying for the Passport in 1998 produced a copy of the SSLC, which is produced along with the statement filed on behalf of the respondents, at Annexure R1, which seems to be issued by the very same Board with the seal and signature of the Head of the School, with date of birth as 30.05.1975. The date of birth as revealed in the Passport is of the year 1975. The handwriting in Exhibit P2 and Annexure R1 seems to be different and the seal too. In such circumstance, prima faice forgery seems to have been committed at that point of time.
WP(C).No.3075 of 2015 - 2 - This Court would not look into the conflicting claims and it is for the respondents to decide as to what proceedings would have to be taken. However, no reliance can be placed on Exhibits P2 and P3, produced by the petitioner herein, following the decision in W.P.(C).No.9073 of 2015 and connected cases, dated 23.06.2015. The declaration made at the time of issuance of the Passport, that too supported by Annexure R1, cannot be interfered with especially after the long lapse of time and the petitioner never having sought such correction when the Passport was renewed more than once. The writ petition would stand dismissed. No costs. Sd/- K.Vinod Chandran Judge.
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