Salim A v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 WP(C).No. 3535 of 2015 (N) --------------------------- PETITIONER :

--------------------- SALIM A., AGED 48 YEARS, S/O.ALIYARU KUNJU, KUNNATHUKONATHU ZAM ZAM MANZIL POTHANCODE, THIRUVANANTHAPURAM.

BY ADV. SRI.T.K.ANANDA KRISHNAN RESPONDENT(S) :

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

1. THE SECRETARY MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK GOVERNMENT OF INDIA, NEW DELHI-110001.

2. THE REGIONAL PASSPORT OFFICER TRIVANDRUM PASSPORT OFFICE, THIRUVANANTHAPURAM - 695 001 R1 & R2 BY ADV. SRI.N.NAGARESH, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 3535 of 2015 (N) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT BEARING NO.F 7842972 OF THE PETITIONER.

EXHIBIT-P2:

TRUE COPY OF THE S.S.L.C.BOOK.

EXHIBIT-P3:

TRUE COPY OF THE CIRCULAR DATED 29.10.2007 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 3535 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 4th day of March, 2015

JUDGMENT

The petitioner has approached this Court seeking for a direction to the respondent to correct the entry in respect of his date of birth in the passport.

2. The case of the petitioner is that, the actual date of birth of the petitioner is 30.05.1966, as borne by Ext. P2 relevant extract of SSLC book, whereas the same happened to be entered wrongly in the passport as 30.05.1962. It is stated that, though the petitioner preferred a request for correction of date of birth, the same was not entertained by the respondent and hence is before this Court.

3. As per the law declared by this Court in Swapna Siju Vs. Union of India [2012 (4) KHC 38] and in Nizar Vs. Union of India [2014 (4) KLT 609], as far as the applicants born before 26.01.1989 are concerned, copy of extract of the SSLC book can be relied on for correction of date of birth without insisting for birth certificate.

4. The learned Central Government Counsel appearing for the respondents submits that petitioner will have to file an on-line

W.P.(C) No. 3535 of 2015 : 2 :

application along with an affidavit explaining how the mistake has occurred.

5. In the said circumstances, the petitioner is relegated to file an on-line application for correction of date of birth along with an affidavit and the documents relied upon by the petitioner, on which event, the same shall be accepted and considered by the second respondent, passing appropriate orders within a period of three weeks thereafter.

The petitioner shall produce a copy of this judgment along with copy of the writ petition before the second respondent for further steps.

The Writ Petition is disposed of.

Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd