Mohammed Musthafa K v. The Union Of India
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 WP(C).No. 19602 of 2015 (A) ---------------------------------------- PETITIONER(S):
---------------------- MOHAMMED MUSTHAFA K, AGED 45 YEARS, S/O. KUTTY MOIDEEN HAJI K, MUSTHAFA MANZIL, PARAMMALANGADI P.O, VIA KALPAKANCHERY, MALAPPURAM DISTRICT.
BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM 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-682 020.
BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 19602 of 2015 (A) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.
COPY OF THE STANDARD X EQUIVALENCY CERTIFICATE ISSUED ON 28.1.13.
EXHIBIT P2.
COPY OF THE RELEVANT PAGE OF THE PASSPORT NO.F.4960369 OF THE PETITIONER ISSUED DATED 24.1.06.
RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.19602 of 2015 - A ====================== Dated this the 23rd 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 30 years back, and renewed it more than one. The petitioner's claim is that as per Ext.P2 extract of the Standard X-Equivalency Certificate, the petitioner's date of birth is 15.08.1967. He seeks that the same may be corrected in the passport, which reveals the date of birth as 01.06.1970. 3.
This Court in Jayakumar v. Regional Passport Officer [2015 (3) KLT 158], 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
W.P.(C) No.19602 of 2015 - A abroad and the date of birth declared thereon cannot be easily corrected for the asking.
4.
As to the reliance placed on Ext.P1, it was held that the date of birth shown in the extract of the Standard XEquivalency 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.
The writ petition would stand dismissed.
Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.