Sathiadasan v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 WP(C).No. 13159 of 2015 (T) ---------------------------- PETITIONER :

------------------ SATHIADASAN, AGED 54 YEARS, S/O. RAMAN, CHIRAVARMABTH HOUS, KALLETTUMKARA P.O., THRISSUR 680 683 PASSPORT NO.380 5062 BY ADVS.SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA RESPONDENTS :

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1. UNION OF INDIA REP.BY SECRETARY TO MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI - 110001

2. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, PANAMPALLY NAGAR P.O., COCHIN 682036 R1 & R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13159 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF TRHE PASSPORT OF THE PETITIONER. EXHIBIT P2:

TRUE COPY OF THE APPLICATION DATED 20.5.2014. EXHIBIT P3:

TRUE COPY OF THE RELEVANT PAGES OF SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER.

EXHIBIT P4:

TRUE COPY OF THE JUDGMENT IN WPC 5238/2015 DATED 25.3.2015 RESPONDENT(S)' EXHIBITS :

NIL.

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

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 13159 of 2015 (T) ------------------------------------------ Dated this the 8th day of July, 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 in 1983, more than 20 years back, and renewed it more than once. The petitioner's claim is that as per Ext.P3 SSLC, the petitioner's date of birth is 27.01.1961. He seeks that the same may be corrected in the passport, which reveals the date of birth as 27.01.1958.

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. 13159/2015 -24.

As to the reliance placed on Ext.P3, it was held that the date of birth shown in the SSLC 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.

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