Sakeena Sathar v. Passport Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 WP(C).No. 27048 of 2015 (E) ---------------------------- PETITIONER:

------------------- SAKEENA SATHAR, 47 YEARS, W/O.ABDUL SATHAR, ALAVELIL, PUNNAPRA P.O, PUNNAPRA, ALAPPUZHA.

BY ADV. SRI.L.RAJESH NARAYAN RESPONDENT(S):

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

1. PASSPORT OFFICER, PASSPORT OFFICE, SNSM BUILDING, KARALKADA JUNCTION, PETTA P.O, THIRUVANANTHAPURAM - 695 024.

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

BY SRI.N.NAGARESH, A S G OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 27048 of 2015 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1 :

TRUE COPY OF THE RELEVENT PAGES OF THE PASSPORT OF THE PETITIONER.

EXT.P2 :

TRUE COPY OF THE RELEVANT APGE OF THE SSLC BOOK OF THE PETITIOENR.

EXT.P3 :

TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIOENR'S HUSBAND.

EXT.P4 :

TRUE COPY OF THE AADHAR CARD BEARING NO.568901090819. EXT.P5 :

TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT.

RESPONDENT(S)' EXHIBITS & ANNEXURES:

--------------------------------------------------------------- ANNEXURE R1(A) :

TRUE COPY OF EXTRACT OF ADMISSION REGISTER ISSUED BY THE HEADMISTRESS BOYS HIGH SCHOOL, KARUNAGAPPALLY.

ANNEXURE R1(B) :

TRUE COPY OF ANNEXURE D AFFIDAVIT FILED ALONG WITH THE APPLICATION.

ANNEXURE R1(C) :

TRUE COPY OF THE RELEVANT EXTRACT OF THE RATION CARD.

ANNEXURE R1(D) :

TRUE COPY OF THE APPLICATION SUBMITTED DURING THE YEAR 1995.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No.27048 of 2015 ---------------------------------------------------- Dated this the 23rd day of November,2015

J U D G M E N T

------------------------- The petitioner is an holder of passport bearing No.B 656938 issued on 10.1.1996. The validity of the passport expired in the year 2006. The name of the petitioner is Zakeenathu Abdul Vaheed therein and the date of birth is shown as 30.5.1963. 2.

The petitioner applied for the re-issuance of passport. The petitioner relied on SSLC book, wherein the date of birth is shown as 30.5. 1968. The petitioner wants a new passport showing the date as shown in the SSLC book.

3.

In the original passport the name of the petitioner's husband is shown as Abdul Vaheed. The petitioner also wants to correct her husband's name as Abdul Sathar. The passport authority insisted for the production of court order for the correction of date of birth as well as the spouse name. 4.

On going through the averments in the writ petition, the petitioner seeks the following changes in the passport.

1) Date of birth.

W.P.(C).No.27048 of 2015 2.Correction of her name.

3.Correction in the name of her husband.

5.

In relation to the correction of date of difference of birth, I am of the view that as per the judgment of the Division Bench of this Court in Union Bank of India vs. Sunil Kumar [2015 (3) KLT 501], the petitioner's remedy is before the civil Court as the difference in date of birth is more than two years. In relation to the change in her name as well as the change in the spouse name, the petitioner shall approach the 2nd respondent along with necessary documents. It is made clear that the request of the petitioner need to be acceded only if the passport authority satisfied with the relevant records to be produced by the petitioner.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/ //True copy// P.A. To judge