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High Court of KeralaWP(C)/10952/2015disposed of

Rajesh C. v. Government Of India

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 10952 of 2015 (T) ---------------------------- PETITIONER(S) :- ----------------- RAJESH C. AGED 38 YEARS S/O. CHANDRADAS, R.R. HOUSE, AANAAD PO NEDUMANGAD, THIRUVANANTHAPURAM BY ADV. SRI.SAJU.S.A RESPONDENT(S) :- -----------------

1. GOVERNMENT OF INDIA REPRESENTED BY THE SECRETARY, EXTERNAL AFFAIRS NEW DELHI-110 011.

2. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, KAITHAMUKKU, THIRUVANANTHAPURAM.

BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10952 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXHIBIT P1: TRUE COPY OF RELEVANT EXTRACT OF PASSPORT OF THE PETITIONER.

EXHIBIT P2: A RELEVANT EXTRACT OF S.S.L.C. BOOK OF THE PETITIONER.

EXHIBIT P3: TRUE COPY OF THE ONLINE APPLICATION RECEIPT ISSUED OF THE PETITIONER DATED 26.10.2013.

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

A. MUHAMED MUSTAQUE, J.

------------------------------------------ W.P.(C) No.10952 of 2015 ------------------------------------- Dated this the 12th day of May 2015

J U D G M E N T

The petitioner is the holder of an Indian Passport and wants to correct his date of birth in the passport on account of difference in the age of more than seven years. Since the Passport Authorities have refused to receive the application, the petitioner approached this Court.

2.

The issue is covered in favour of the petitioner in the light of the judgment of this Court in Nizar and others v. Union of India [2014 (4) KHC 558]. It is submitted that the Passport Authorities have power to receive the application even if difference is more than two years.

3.

In that view of the matter, the petitioner's application shall be received by the 2nd respondent and to take appropriate decision, after satisfying the genuineness of the claim made by the petitioner, within a period of one month from the date of receipt of such application.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE J UDGE Jvt