Abbas Koolath v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 33700 of 2014 (J) ---------------------------- PETITIONER:

------------------- ABBAS KOOLATH, S/O.KUNHIMOHAMED KOOLATH, AGED 48 YEARS, RESIDING AT KOOLATH HOUSE, MUNDAKODE, PAZHAMALLUR P.O, MALAPPURAM - 676 506, KERALA.

BY ADVS.SRI.K.T.SIDHIQ SRI.T.K.AJITH KUMAR RESPONDENT(S):

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

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

2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MALAPPURAM - 676 505.

BY SRI.N.NAGARESH, A S G THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 33700 of 2014 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1 :

A TRUE COPY OF PASSPORT BEARING NO.F.1619170 OF PETITIONER. EXHIBITP2:

A TRUE COPY OF ONLINE APPLICATION RECEIPT RECEIVED BY THE PETITIONER ON 03-11-2014.

EXHBIIT P3 :

A TRUE COPY OF EXTRACTS OF ADMISSION REGISTER OF PETITIONER IN SCHOOL RECORDS ISSUED BY THE HEADMASTER OF SCHOOL.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 33700 of 2014 -------------------------------------------- Dated this the 23 rd day of January, 2015

JUDGMENT

The petitioner has approached this Court with the following prayer:

"To issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to correct the date of birth of the petitioner as 19.05.1966 and Father's name as Kunhi Mohamed Koolath in the petitioner's passport and reissue a fresh passport to the petitioner."

2. Heard both the sides.

3. A statement has been filed from the part of the respondents 1 and 2, paragraph '4' of which is relevant and is extracted below for convenience of reference: "4. As the Passport was obtained with wrong date of birth while holding Extract of School Admission register with date of birth 12.05.1966, it is believed that the same was obtained by furnishing false documents. As such the passport holder has to surrender his passport with false particulars along with a sworn affidavit explaining the circumstances under which he obtained the passport. The passport with false particulars is to be revoked and retained by the 2nd respondent under

W.P.C. No. 33700 of 2014 -2Section 10(3)(b) and fresh passport will be issued to the holder after police verification and verifying the genuineness of the supporting documents furnished."

4. After hearing both the sides, the writ petition is disposed of, recording the submission of the respondents as above. The proceedings as above shall be finalized at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of the judgment along nd respondent for with a copy of the writ petition before the 2 further steps.

P.R. RAMACHANDRA MENON, JUDGE.

kp/-