High Court of KeralaWP(C)/27221/2015disposed of

Leiju George v. Union Of India

2015-10-06Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 WP(C).No. 27221 of 2015 (C) ---------------------------- PETITIONER :

---------------------- LEIJU GEORGE, AGED 38, S/O.GEORGE, MADATHEDATH HOUSE, ERUVELI CHOTTANIKKARA P.O., ERNAKULAM RURAL, PIN-682312. BY ADV. SRI.SUNNY ZACHARIAH RESPONDENT(S) :

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

1. UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA SOUTH BLOCK, NEW DELHI-110001.

2. REGIONAL PASSPORT OFFICER PASSPORT OFFICE, CHENNAI-600 006.

3. REGIONAL PASSPORT OFFICER PASSPORT OFFICE, KOCHI-682 036.

R1 TO R3 BY ADV. SRI.N.NAGARESH, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 27221 of 2015 (C) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE RELEVANT PAGE OF THE PASSPORT.

EXT.P2 COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER. EXT.P3 COPY OF THE ONLINE APPOINTMENT RECEIPT WITH ARN 15-1002215011.

EXT.P4 COPY OF THE JUDGMENT IN WA NO. 1975/2014.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.27221 of 2015 ****************************************************************************** Dated this the 6th day of October, 2015

JUDGMENT

The petitioner is the holder of Indian Passport bearing No.E 3241601 issued from the Chennai Office in the year 2002. This was expired. The petitioner applied for re-issuance of Passport before the Regional Office, Ernakulam. In the passport application, the petitioner's place of birth is shown as Tripunithura. The Passport Authority noting that the petitioner's place of birth shown in the earlier Passport was Chennai, directed the petitioner to produce the court order as per the endorsement made in Ext.P3. 2.

In this matter, a counter affidavit has been filed by the Passport Authority. It is stated in paragraph 9 as follows: "As and when the applicant/petitioner approaches us with a court order from the competent court of jurisdiction, with a direction to the Passport Issuing Authority to correct the place of birth entered in the Passport along with an online application and the birth certificate towards proof of place of birth, his application will be considered and after imposing necessary penalty for suppression

W.P.(C) No.27221 of 2015 2 of information, a passport will be reissued with correct place of birth."

This Court is of the view, the Passport Authority is free to take appropriate decision showing a wrong place of birth in the earlier Passport. Notwithstanding the above, the petitioner's application for re-issuance of Passport shall be considered based on the birth certificate now produced in accordance with law. If the Passport Authority satisfies that the birth certificate produced by the petitioner is genuine, necessary decision shall be taken in appropriate manner for reissuance of Passport. However, this will not preclude from the Passport Authority taking any action against the petitioner if it is found that the petitioner has suppressed actual place of birth in the earlier passport.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln