Bijoy Babu v. The Secretary, Ministry Of External Affairs

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 8190 of 2015 (W) --------------------------- PETITIONER :

-------------------------- BIJOY BABU, S/O.BABU CHERIAN, AGED 40 YEARS RESIDING AT THEMPATHU PARAMBIL CHERIYAN COTTAGE UNICHIRA, CHANGAMPUZHA NAGAR P.O., ERNAKULAM DISTRICT.

BY ADVS.SMT.MINI ELIZABETH GEORGE SMT.G.VIDYA RESPONDENT(S) :

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

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

2. THE REGIONAL PASSPORT OFFICER PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM COCHIN-682036.

R1 & R2 BY ADV. SRI.N.NAGARESH, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 8190 of 2015 (W) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

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

TRUE PHOTOCOPY OF THE 1ST PAGE OF THE PASSPORT WITH NO.J 8110983.

EXHIBIT-P2:

TRUE COPY OF THE 1ST PAGE OF S.S.L.C. BOOK.

EXHIBIT-P3:

TRUE COPY OF THE IDENTITY CARD WITH NO.ZFNO389387. EXHIBIT-P4:

TRUE COPY OF ONLINE APPLICATION FOR PASSPORT. EXHIBIT-P5:

TRUE COPY OF THE REQUEST LETTER DATED 05.03.2015. EXHIBIT-P6:

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

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

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P.(C). No.8190 of 2015 -------------------------------------------- Dated this the 7th day of April, 2015

JUDGMENT

The petitioner is the holder of the passport bearing No.J8110983. The date of birth shown in the passport as '18.05.1968', which according to the petitioner is actually '18.05.1975' . 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 v. 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.8190 of 2015

3. The learned Assistant Solicitor General appearing for the respondent 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 'three weeks' thereafter.

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

The writ petition is disposed of.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.

St/-