High Court of KeralaWP(C)/34103/2014disposed of

Abdul Rafeek v. Union Of India

2015-01-21Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 34103 of 2014 (K) ---------------------------- PETITIONER :

------------------ ABDUL RAFEEK, AGED 41 YEARS, S/O. MOHAMMED, VADAKKEPURATH HOUSE, VALLUVANGAD P.O. MALAPPURAM - 676 521, KERALA.

BY ADVS.SRI.SHERRY J. THOMAS SRI.JOSE THOMAS (PEEDIKAYIL) RESPONDENT(S):

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

1. UNION OF INDIA REPRESENTED BY JOINT SECRETARY AND CHIEF PASSPORT OFFICE, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 8 PATIALA HOUSE, TILAK MARG, NEW DELHI - 110 001.

2. REGIONAL PASSPORT OFFICER, ERANHIPALAM POST, KOZIKODE, KERALA - 673 006.

3. PASSPORT OFFICER, INTERCITY ARCADE, DOWNHILL POST, MALAPPURAM, KERALA- 676 519.

R1 TO R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34103 of 2014 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE IST PAGE OF S.S.L.C BOOK DATED 30/03/1989 OF THE PETITIONER.

EXHIBIT-P2:

TRUE COPY OF THE RELEVANT PAGE OF THE DRIVING LICENCE OF THE PETITIONER.

EXHIBIT-P3:

TRUE COPY OF THE ADHARR CARD OF THE PETITIONER. EXHIBIT-P4:

TRUE COPY OF THE RELEVEANT PAGE OF THE PASSPORT OF THE PETITIONER.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No. 34103 OF 2014 ......................................................................... Dated this the 21st January, 2015

J U D G M E N T

The petitioner has approached this Court seeking for a direction to the respondents to correct the entry in respect of his date of birth in the passport.

2. The case of the petitioner is that, the actual date of birth of the petitioner is 01.09.1973, as borne by Ext. P1 relevant extract of SSLC book, whereas the same happened to be entered wrongly in the passport as 01.05.1970. It is stated that, though the petitioner has preferred a request for correction of date of birth, the same has not been entertained by the third respondent/Passport Officer and hence is before this Court.

3. The learned counsel for the petitioner relies upon the judgment of this Court in Swapna Siju Vs. Union of India (2012 (4) KHC 38) in support of the position that, as far as the applicants born before 26.01.1989 are concerned, copy of extract of the SSLC book can be relied on for correction of date of birth without insisting for birth certificate.

4. The learned Central Government Counsel appearing for the respondents submits that petitioner will have to file an on-

W.P.(C)No. 34103 OF 2014 : 2 :

line application along with an affidavit explaining how the mistake has occurred.

5. In the said circumstances, the petitioner is relegated to file an on-line application for correction of date of birth along with an affidavit and the documents relied upon by the petitioner, on which event, the same shall be accepted and considered by the respondents, passing appropriate orders within a period of three weeks thereafter.

The Writ Petition is disposed of.

P.R.RAMACHANDRA MENON JUDGE lk