High Court of KeralaWP(C)/36344/2015disposed of

Abdul Gafoor v. Union Of India

2015-12-17Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C).No. 36344 of 2015 (P) ---------------------------- PETITIONER :

------------------ ABDUL GAFOOR, AGED 41 YEARS, S/O. MUHAMMED KUTTY MUSALIAR, PALLISSERY HOUSE, VALLIYORA, VENGARA, MALAPPURAM DISTRICT PIN 676318 BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENTS :

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

1. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, ADDRESS, ROOM NO 2021, 'A'WING, JAWAHARLAL NEHRU BHAWAN, 23-D JANPATH, NEW DELHI-110011, REP BY ITS SECRETARY

2. THE REGIONAL PASSPORT OFFICER, INTERCITY ARCADE , DOWNHILL POST, MALAPPURAM 676519

3. ATTACHE OFFICE OF THE CONSULATE GENERAL OF INDIA, RIYADH KINGDOM OF SAUDI ARABIA R1 TO R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36344 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT BEARING NO K 8730815 ISSUED BY THE REGIONAL ATTACHE OF THE INDIAN EMBASSY RIYADH P2:- TRUE COPY OF THE FIRST PAGE OF SSLC BOOK ISSUED IN THE NAME OF THE PETITIONER BOARD OF PUBLIC EXAMINATIONS, GOVT. OF KERALA, ON 30/3/1990 P3:- TRUE COPY OF THE RATION CARD NO 2055060317 DTD 6/5/2010 ISSUED BY THE TALUK SUPPLY OFFICER, TIRURANGADI RELATED TO THE FAMILY OF THE PETITIONER INCLUDING HIS FATHER , MOTHER BROTHERS, SISTERS AND DAUGHTERS AND SONS OF HIS BROTHERS RESPONDENT(S)' EXHIBITS :

NIL.

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

A.Muhamed Mustaque, J.

==================================== W.P.(C) No.36344 of 2015 ==================================== Dated this the 17th day of December, 2015.

JUDGMENT

1. Petitioner is the holder of Passport. He seeks correction in date of birth and name.

2. With regard to the date of birth, since the difference is more than three years, it cannot be corrected without getting an order from the civil court (Union of India v. Sunilkumar (2015 (3) K.L.T. 501). With regard to correction in name, learned Assistant Solicitor General submits that, since there is substantial change in name, petitioner has to surrender passport and apply for fresh passport with necessary supporting documents and affidavit.

3. In the facts and circumstances of the case, if the petitioner wants to correct his date of birth in the Passport, that shall be supported by the

W.P.(C) No.36344 of 2015 -:2:- order of the civil court and if he wants to correct the name in the Passport, he shall surrender his Passport and apply for a fresh one with necessary documents and affidavit.

Writ petition is disposed of as above.

Muhamed Mustaque, Judge.

sl.