Abdul Hamid Reza 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. 15878 of 2015 (H) ---------------------------- PETITIONER(S):

-------------------------- ABDUL HAMID REZA, S/O. ABDUL HAMEED, PERUNNA P.O., CHANGANACHERRY, REPRESENTED BY TALIB A.M., AGED 41 YEARS, SON OF A.I.MOHAMMED BASHEER, AZHEEKAL, JACOB VALLANATT ROAD, COCHIN - 682 018.

(POWER OF ATTORNEY HOLDER).

BY ADV. SRI.A.A.MOHAMMED NAZIR.

RESPONDENT(S):

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

1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE, NEW DELHI - 110 00

2. THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, COCHIN - 682 036.

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. 15878 of 2015 (H) APPENDIX PETITIONER'S EXHIBITS:- P1 - TRUE COPY OF THE POWER OF ATTORNEY DATED 23.12.2014 EXECUTED BY ABDUL HAMID REZA.

P2 - TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF ABDUL HAMID REZA BEARING NO. 635853.

P3 - TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF ABDUL HAMID REZA BEARING NO. J 4226384.

P4 - TRUE COPY OF THE 1ST PAGE OF THE SSLC BOOK OF ABDUL HAMID REZA.

P5 - TRUE COPY OF THE CONDUCT CERTIFICATE DATED 04.07.1978 ISSUED BY THE HEADMASTER, ST.BERCHMAN'S HIGH SCHOOL, CHANGANACHERRY.

P6 - TRUE COPY OF THE DEGREE CERTIFICATE DATED 05.02.1986 ISSUED BY THE PRINCIPAL, ST.BERCHMAN'S COLLEGE, CHANGANACHERRY. P7 - TRUE COPY OF THE HALL TICKET DATED 11.01.1983 ISSUED BY KERALA UNIVERSITY FOR THE FINAL YEAR EXAMINATION OF B.A DEGREE EXAMINATION HELD IN SEPTEMBER -OCTOBER 1983.

P8 - TRUE COPY OF THE APPLICATION DATED 28.01.2015 SUBMITTED BY THE PETITIONER ON BEHALF OF ABDUL HAMID REZA TO THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

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

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 15878 of 2015 (H) ------------------------------------------ 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 more than 20 years back and was renewed more than once. The petitioner's claim is that as per Ext.P4 SSLC, the petitioner's date of birth is 15.06.1962. He seeks that the same may be corrected in the passport, which reveals the date of birth as 1.3.1957.

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. 15878/2015 -24.

As to the reliance placed on Ext.P4, 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