Abu v. The Secretary
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936 WP(C).No. 3550 of 2015 (P) -------------------------------------- PETITIONER(S):
---------------------- ABU, AGED 38 YEARS, S/O.MUHAMMED, PALLIYALIL HOUSE, THOOTHA MALAPPURAM DISTRICT, PIN: 679 357.
BY ADV. SRI.C.M.KAMMAPPU RESPONDENT(S):
-------------------------
1. THE SECRETARY MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK GOVERNMENT OF INDIA, NEW DELHI - 110 001.
2. THE REGIONAL PASSPORT OFFICER KOZHIKODE, KOZHIKODE DISTRICT - 673 001.
3. THE REGIONAL PASSPORT OFFICER, MALAPPURAM, MALAPPURAM DISTRICT - 679 001.
BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 3550 of 2015 (P) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:
TRUE COPY OF RELEVANT PAGES OF THE PASSPORT BEARING NO.E 6378767 OF THE PETITIONER P2:
TRUE COPY OF ABSTRACT OF ADMISSION REGISTRAR ISSUED FROM ULOOM HIGH SCHOOL P3:
TRUE COPY OF CIRCULAR DATED 29/10/2007 ISSUED BY THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
P.R. RAMACHANDRA MENON, J.
-------------------------------------------- W.P.(C). No.3550 of 2015 -------------------------------------------- Dated this the 19th day of February, 2015
JUDGMENT
The petitioner is the holder of the passport bearing No.E6378767. The date of birth shown in the passport as '17.02.1972', which according to the petitioner is actually '10.05.1976'. The petitioner wants to effect correction of date of birth in the passport with reference to the entires in Ext.P2 and accordingly, the petitioner approached the respondent by 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.3550 of 2015
3. The learned Assistant Solicitor General appearing for the respondents submits that the petitioner will have to file an on-line application along with an affidavit explaining how the delay has occurred, also surrendering the existing passport.
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 petitioner, also surrendering the existing passport before the concerned authority forthwith; on which event, the same shall be accepted and considered by the respondent, passing appropriate orders in accordance with law, within a period of 'one month' thereafter.
5. The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the concerned respondent, for further steps.
The writ petition is disposed of.
Sd/- P.R. RAMACHANDRA MENON, JUDGE.
//true copy// P.S. To Judge St/-