Jeena John Thekkoodan v. Union Of India
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No. 6547 of 2015 (P) --------------------------- PETITIONER -------------------------- JEENA JOHN THEKKOODAN, AGED 28 YEARS W/O.CRISTO BABU, PADAYATTIL HOUSE, ASHTAMICHIRA PO VADAMA, VADAKKUMBHAGAM VILLAGE, CHALAKUDY TALUK THRISSUR DISTRICT, (NOW RESIDING AT 44 RUE DES PERCHAMPS, 75016, PARIS FRANCE) REP. BY HER POWER OF ATTORNEY HOLDER & HUSBAND CRISTO BABU PADAYATTIL HOUSE, ASHTAMICHIRA PO.
BY ADV. SRI.SHEEJO CHACKO RESPONDENTS:
----------------------------
1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS NEW DELHI-110 001.
2. THE REGIONAL PASSPORT OFFICER, PANAMPILLY NAGAR, COCHIN-682036.
3. CONSULAR, EMBASSY OF INDIA, 42-44 RUE DE PARADIS, 75010 PARIS, FRANCE.
4. INDIA CONSULAR PASSPORT AND VISA APPLICATION CENTRE (ICPVAC), VF SERVICES UK LTD., 42-44 RUE DE PARADIS, 75010 PARIS, FRANCE REP. BY ASSISTANT CONSULAR OFFICER MANOJ KUMAR. R-R1-R4 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6547 of 2015 (P) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 :
TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT BEARING NO.J7439502 FROM THE OFFICE OF THE 2ND RESPONDENT.
EXT P2 :
TRUE COPY OF THE POWER OF ATTORNEY DEED DT. 11.11.2014 IN FAVOUR OF THE PETITIONER'S HUSBAND CRISTO BABU. EXT P3 :
TRUE COPY OF THE BIRTH CERTIFICATE DT. 22-01-2014 ISSUED TO THE PETITIONER.
EXT P4 :
TRUE COPY OF THE SSLC CERTIFICATE OF THE PETITIONER COMMISSIONER AFTER CONDUCTING NECESSARY ENQUIRIES VIDE ORDER NO.K.DIS/EX BB(4) 88546/2014 DT. 01-01-2015 CORRECTED THE DATE OF BIRTH OF THE PETITIONER. EXT P5 :
TRUE COPY OF THE E-MAIL LETTER DT 14-01-2015 ISSUED FROM EMBASSY OF INDIA TO THE PETITIONER.
RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A TO JUDGE SMM
P.R. RAMACHANDRA MENON,J ................................................. . .............................................. Dated this the 1st day of April, 2015.
J U D G M E N T
The petitioner has approached this Court with the following prayers:
i) To issue a writ of mandamus or any appropriate writ, order or direction commanding the 3rd respondent to accept the petitioner's application for correcting the date of birth in passport in terms of Exhibit P3 birth certificate issued by the competent authority and to process the same within a time limit fixed by this Hon'ble Court; ii) To issue a writ of mandamus or any appropriate writ, order or direction commanding the 3rd respondent to complete the proceedings necessary for processing the petitioner's application for correction of petitioner's date of birth in the light of relevant documents within a time limit fixed by this Hon'ble Court;
iii) To grant such other reliefs that are deemed fit and proper in the interest of justice;
And v) To pay costs of the petitioner
2. Heard the learned Counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents.
3. The learned Standing Counsel submits on the basis
of the instructions received that the petitioner has not filed any application pursuant to the communication issued as per Ext.P5. The version of the petitioner is that though the petitioner went to the concerned authority with copies of all the relevant documents, the same was not accepted. It is stated that the petitioner is ready to approach the concerned authority mentioned in Ext.P5 with all the relevant documents mentioned therein and the prayer is to consider the same and dispose of within a reasonable time. At the same time, the petitioner is at liberty to file the necessary application before the concerned authority named in Ext.P5 with all the relevant documents mentioned therein, within a period of two weeks from the date of receipt of a copy of this judgment.
4. On satisfying the requirements as above, the application preferred by the petitioner shall be considered in accordance with law and appropriate orders shall be passed for effecting correction of the date of birth of the petitioner in terms of Ext.P3 birth certificate, which shall
be done at the earliest, at any rate, within a period of two months from the date of submission of the proceedings as above, after conducting verification of the genuine documents, if necessary.
5. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the second respondent for further steps.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE smm