Petitioner sought passport correction of spouse's name. Court dismissed criminal petition, upholding magistrate's lack of jurisdiction, directing Passport Authority to reconsider further, or refer to civil court if materials are insufficient.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929
Crl.MC.No. 764 of 2008()
-----------------------CMP.123/2008 of JUDL. MAGISTRATE OF FIRST CLASS,
CHANGANACHERRY
PETITIONER: PETITIONER
TOMY THOMAS, S/O.THOMAS, AGED 43, NAIKKARATTU HOUSE, THRICKODITHANAM, CHANGANACHERRY, KOTTAYAM DISTRICT.
BY ADV. SRI.ABRAHAM SAMSON
RESPONDENTS: RESPONDENT & UNION OF INDIA
BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
*** * * * * * * * * * * * * * * * * * Crl. M.C. No. 764 of 2008 * * * * * * * * * * * * * * * * * * Dated: 06-03-2008**
ORDER
The petitioner namely Tomy Thomas who is the holder of Indian Passport No. B2056185 moved J.F.C.M.I, Chenganachery by filing an application as C.M. P.No. 123 od 1008 for correcting the name of his wife as “Mariamma Tomy” instead of “ Mini Atony” as shown in his passport. The learned Magistrate as per Annexure - A order dated 7- 2-2008 rejected the said application holding inter-alia that he has no jurisdiction to order correction of the name of the petitioner's spouse in the passport of the petitioner. In the light of the recent decision of this Court dated 20-2-2008 in Crl. M.C. 346 of 2008, the learned Magistrate is perfectly justified in holding that he has no jurisdiction to pass declaratory orders such as correction of date and place of birth etc. in the passport. However, as observed in the said decision, the passport issuing authority may re-consider the claim of the petitioner with reference to the materials which he may produce in support of his claim. In case, that authority is unable to take a decision on the basis of the materials produced before it, either due to want of authenticity of those materials or otherwise, it shall relegate the parties to the Civil Court for getting a declaratory order.
With the above direction, this Crl.M.C. is disposed of.
V. RAMKUMAR, (JUDGE)
ani
ani.
1 issue framed by the court
Whether the criminal court has jurisdiction to order corrections in a passport issued by the Passport Office.
Colour shows how this judgement treated each authority
Crl. M.C. 346 of 2008Referred¶21
Tomy Thomas
Union of India
V. Ramkumar
As recorded by the court registry
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