Haridas K. v. The 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. 14871 of 2015 (H) ---------------------------- PETITIONER(S):

-------------------------- HARIDAS K., AGED 45 YEARS, S/O.KRISHNAN NAIR, PODUVATH HOUSE, EDATHIRINJI DESOM, EDATHIRINJI P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

BY ADVS.SRI.G.SREEKUMAR (CHELUR), SRI.N.L.BITTO.

RESPONDENT(S):

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

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

2. THE REGIONAL PASSPORT OFFICER, OFFICE OF THE REGIONAL PASSPORT OFFICE, COCHIN- 682 025.

BY ADV. SRI.N.NAGARESH, ASSIST. S.G. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 14871 of 2015 (H) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 A TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT NO.J 9455781 OF THE PETITIONER ISSUED DATED 13-01-2012 EXT.P2 TRUE COPY OF ADMISSION EXTRACT ISSUED FROM HDPSHS EDATHIRINJI DATED 27/01/2001.

RESPONDENT'S EXHIBITS:- NIL.

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

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 14871 of 2015 (H) ------------------------------------------ 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, which reveals the date of birth as 1.9.1963.

2.

The petitioner admittedly had been issued a passport more than 20 years back. The petitioner's claim is that as per Ext.P2 extract of the admission register, the petitioner's date of birth is 15.01.1970. He seeks that the same may be corrected in the passport.

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.14871/2015 -24.

As to the reliance placed on Ext.P2, it was held that the date of birth shown in the extract of the admission register 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