Abdul Samad v. Union Of India
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 WP(C).No.15165 of 2015 (U) ------------------------------------------ PETITIONER:
------------------- ABDUL SAMAD,AGED 52,S/O.MYTHEEN KUNJU, THUNDIL PUTHEN VEEDU,KANNAALOOR,KOLLAM.
BY ADV.SRI.ARUN BABU RESPONDENTS:
------------------------ 1.
UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS CENTRAL SECRETARIAT-110001.
2.
REGIONAL PASSPORT OFFICER, 74 BUILDING,S.N.TRUST COMPLEX, NEAR KOLLAM MUNICIPAL CORPORATION OFFICE, KOLLAM-691001. [CORRECTED] 'REGIONAL PASSPORT OFFICER, SNSM BUILDING,KARALKADA JUNCTION, PETTAH P.O.,TRIVANDRUM,KERALA - 695 024.
'ADDRESS OF R2 IS CORRECTED AS PER ORDER DATED 03.06.2015 IN IA 6931/15.
R1-R2 BY ADV. SRI.N.NAGARESH,ASGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
pto
WP(C).No.15165 of 2015 (U) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:
------------------------------------ EXT.P1:THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER BEARING NO.Z 2423795.
EXT.P2:THE TRUE COPY OFF THE DRIVING LICENSE OF THE PETITIONER DATED 07/08/2013.
EXT.P3:THE TRUE COPY OF THE DUPLICATE SSLC CERTIFICATE OF THE PETITIONER.
EXT.P4:THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 23/4/2015.
RESPONDENT'S EXHIBITS:
NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE atg
K. VINOD CHANDRAN, J.
--------------------------------------- W.P(C). No.15165 of 2015 --------------------------------------- Dated this the 22nd day of July, 2015.
JUDGMENT
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 it more than one. The petitioner's claim is that as per Exts.P2 and P3 driving licence and SSLC Certificate respectively, the petitioner's date of birth is 30.05.1963. He seeks that the same may be corrected in the passport, which reveals the date of birth as 30.05.1959.
3. This Court in Jayakumar v. Regional Passport Officer [2015 (3) KLT 158] 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.15165 of 2015 travels, 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 Ext.P3, it was held that the date of birth shown in the 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. 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 sp