Harsha Kumar Padmakaran v. Regional Passport Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 34746 of 2015 (P) ---------------------------- PETITIONER:

------------------- HARSHA KUMAR PADMAKARAN, S/O.PADMAKARAN, VALIYAYYATHU PADEETTATHIL, KOYIPALLIKARANMA, OLAKETTIAMBALAM P.O., MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690 510. BY ADVS.SRI.S.RANJIT (KOTTAYAM) SRI.GOKUL DAS V.V.H.

RESPONDENT(S):

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

1. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE COCHIN BUILDING, PANAMPILLY NAGAR, COCHIN, ERNAKULAM, PIN - 682 036.

2. UNION OF INDIA, REPRESENTED BY ASSISTANT SOLICITOR GENERAL OF INDIA, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 032. BY SRI.N.NAGARESH, A S G THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34746 of 2015 (P) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P-1:

TRUE COPY OF THE PASSPORT BEARING NUMBER Y142958. EXT.P-2:

TRUE COPY OF THE PASSPORT (F5222117) ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

EXT.P-3:

TRUE COPY OF THE RELEVANT EXTRACT OF THE SCHOOL ADMISSION REGISTER ISSUED BY THE HEADMISTRESS OF V.S.S. H.S., KOIPPALLIKARANMA.

EXT.P-4:

TRUE COPY OF THE S.S.L.C. BOOK (DUPLICATE) ISSUED TO THE PETITIONER.

EXT.P-5:

TRUE COPY OF THE AFFIDAVIT SWORN BY THE PETITIONER BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS, KAYAMKULAM. RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 34746 of 2015 ================== Dated this the 18th day of November, 2015

J U D G M E N T

The petitioner is the holder of passport bearing Number F5222117. Date of birth in the passport is shown as 2.5.1961. According to the petitioner actual date of birth is 2.5.1965. The petitioner approached the passport authority to correct the date of birth. Passport authority refused to act upon his request. Accordingly, the petitioner has approached this Court. 2.

The issue is covered in the judgment of this Court in Union of India v. Sunil Kumar [2015 (3) KLT 501], this Court held that remedy of persons whose date of birth required to be corrected beyond more than two years is before the civil court. 3.

In the light of the above judgment, the petitioner has to seek relief before the civil court. With that liberty the writ petition is disposed of. This will not stand in the way of passport authority to reissue passport with original date of birth in the passport. sd/- sab A.MUHAMED MUSTAQUE, JUDGE