Suneer A.S. 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. 14739 of 2015 (N) ---------------------------- PETITIONER(S):
-------------------------- SUNEER A.S., S/O.SHAMSUDEEN KUNJU A., AGED 43 YEARS, RESIDING AT VILAKKUDI, P.O. VILAYIL, MALAPPURAM DISTRICT.
BY ADV. SRI.V.N.RAMESAN NAMBISAN.
RESPONDENT(S):
----------------------------
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, PIN-110 001.
2. THE REGIONAL PASSPORT OFFICER, KOZHIKODE, PIN-673 001.
3. THE CONSULATE GENERAL, INDIAN EMBASSY, DUBAI, UAE.
BY ADV. SRI.N.NAGARESH, ASSIST. S.G. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 14739 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS:- P1 - TRUE COPY OF RELEVANT PAGES OF THE PASSPORT NO. M 4602074 ISSUED BY THE 3RD RESPONDENT.
P2 - TRUE COPY OF RELEVANT PAGE OF THE SSLC BOOK ISSUED BY THE HEADMASTER, M.M. HIGH SCHOOL, VILAKUDY.
P3 - TRUE COPY OF DRIVING LICENCE NO.25/102415/1994 DATED 08.03.2011. P4 - TRUE COPY OF ONLINE APPLICATION DATED 21.02.2015 FORWARDED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.A. TO JUDGE rs.
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) No. 14739 of 2015 (N) ------------------------------------------ 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 him.
2.
The petitioner admittedly had been issued a passport on 21.03.1995 more than 20 years back and renewed more than once. The petitioner's claim is that as per Ext.P2 SSLC and Ext.P3 Driving License, the petitioner's date of birth is 25.05.1971. He seeks that the same may be corrected in the passport, which reveals the date of birth as 08.06.1960, which makes him older by 11 years.
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
W.P.(C) No. 14739/2015 -2travels, residence and employment abroad and the date of birth declared thereon cannot be easily corrected for the asking.
4.
As to the reliance placed on Exts.P2 and P3, it was held that the date of birth shown in the SSLC and Driving License is also based on declarations 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