Suresh Kumar R. v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 WP(C).No. 11670 of 2015 (G) ---------------------------- PETITIONER :

------------------ SURESH KUMAR R. AGED 48 YEARS, S/O.REGHUNATHAN, UPPUPADANA VEEDU, ANJENGO ANJENGO P.O., THIRUVANANTHAPURAM -695 309.

BY ADVS.SRI.T.I.UNNIRAJA SRI.S.BADUSHA RESPONDENTS :

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

1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI - 110 001.

2. REGIONAL PASSPORT OFFICER, SNSM BUILDING, KARALKADA JN.

PETTAH P.O.THIRUVANANTHAPURAM - 695 024.

R1 & 2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 11670 of 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF THE RELEVANT PAGE OF PASSPORT NO.E7907314 ISSUED ON. 13/4/2004 EXT.P-2: TRUE COPY OF RELEVANT PAGE OF SSLC BOOK OF PETITIONER SHOWING HIS DATE OF BIRTH.

EXT.P-3: TRUE COPY OF REPLY LETTER SEND BY PETITIONER DATED 27.1.2015. EXT.P-4: TRUE COPY OF POSTAL RECEIPT DATED 29.1.2015 RESPONDENT(S)' EXHIBITS :

--------------------------------------- ANNEXURE R2(a):

COPY OF INDEX CARD OF THE PETITIONER.

//TRUE COPY// P.A. TO JUDGE bp

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 11670 of 2015 (G) ------------------------------------------ Dated this the 30th day of June, 2015

J U D G M E N T

The petitioner seeks correction of his date of birth in the passport already issued to the petitioner. 2.

The petitioner admittedly had been issued a passport more than 20 years back and renewed more than once. The petitioner's claim is that as per Ext.P2 SSLC certificate, the petitioner's date of birth is 25.05.1966. He seeks that the same may be corrected in the passport, which reveals the date of birth to be 25.04.1960. 3.

This Court in W.P.(C) No. 9073/2015 and connected cases, by judgment dated 23.06.2015, held that the correction of date of birth in passport, after many number of years would not be possible, especially finding that the passport discloses the identity of the citizen in his travels, residence and employment abroad and the date of birth declared thereon cannot be easily corrected for the asking.

W.P.(C) No.11670/2015 -24.

As to the reliance placed on Ext.P2, it was held that the date of birth shown in the SSLC certificate is also based on a declaration made by either the petitioner or his parents and there can be no reliance placed on that when the petitioner had declared a different date of birth before the P.I.A. and had obtained a passport with a date, which had been acted upon by many others.

5.

The respondent has produced the index card to be filled in by applicant, produced as Annexure R2(a), wherein also it is clearly stated that the date of birth is 25.04.1960. In such circumstance, no correction of date of birth can be made. The petitioner's prayer for correction of date of birth is rejected.

Writ petition is dismissed. No costs.

Sd/- K.VINOD CHANDRAN, JUDGE jjj