Allowed

Akkarakkaran Jose John v. Regional Passport Officer

Kerala HC15 Oct 2012WP(C)/25321/2003

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging an order refusing to correct the petitioner's date and place of birth in his passport. The Court held that a birth certificate issued by a local authority is an authenticated document sufficient to warrant corrections, setting aside the lower court's order and directing the Passport Officer to make the requested corrections.

What did the court decide?

Ext.P9 set aside; direction to respondent to correct date of birth and place of birth in passport based on birth certificate.

Akkarakkaran Jose John Vs Regional… — Constitutional and Fundamental Rights | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 15TH DAY OF OCTOBER 2012/23RD ASWINA 1934

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WP(C).No. 25321 of 2003 (M)

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PETITIONER :

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AKKARAKARAN JOSE JOHN S/O.JOHN, AKKARAKARAN HOUSE, EAST KOBARA, IRINJALAKUDA P.O., TRICHUR DISTRICT.

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BY ADV. SRI.BIJU ABRAHAM

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RESPONDENT :

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THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, COCHIN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 25321 of 2003 (M)

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APPENDIX

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PETITIOENR'S EXHIBITS:

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EXT.P1: COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER, DT 11/9/01

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EXT.P2: COPY OF THE RELEVANT PAGES OF THE S.S.L.C. BOOK OF THE PETITIONER DT – NIL.

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EXT.P3: COPY OF THE PASSPORT INFORMATION BOOKLET DT- NIL.

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EXT.P4: COPY OF THE JUDGMENT IN O.P.NO.5581/2001 DT 1902/2001 OF THIS HON'BLE COURT.

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EXT.P5: COPY OF THE PASSPORT INFORMATION BOOKLET NOW USED IN PASSSPORT APPLICATION DT – NIL.

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EXT.P6: COPY OF THE ORDER BY THE C.J.M.ERAKULAM IN M.P. NO.9214/2002 DT 21/06/2002.

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EXT.P7: COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DT 244/2003.

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EXT.P8: COPY OF THE C.M.P.NO. 9480/2003 SUBMITTED BY THE PETITIONER BEFORE THE J.F.C.M.-I COURT, IRINJALAKKUDA DT 24/5/03.

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EXT.P9: COPY OF THE ORDER IN C.M.P. NO. 9480/03 DT 01/07/2003 OF THE J.F.C.M. - I COURT, IRINJALAKKUDA

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

**A.M.SHAFFIQUE, J * * * * * * * * * * * * *** W.P.C.No.25321 of 2003

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Dated this the 15^th day of October 2012

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J U D G M E N T

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Petitioner challenges Ext.P9 order passed by Judicial Magistrate of the I Class, Irinjalakkuda refusing to issue directions to get his date of birth and place of birth in the passport corrected as per details shown in Ext.P7 birth certificate. In the birth certificate, date of birth is shown as 01/09/1978 and place of birth is L.F.H.Angamaly whereas in the passport, date of birth is shown as 24/05/1979 and place of birth is Irinjalakkuda. As per the passport information booklet issued by the Passport Officer, correction of date of birth or place of birth requires an order passed by Judicial Magistrate of the I Class and in pursuance of the same, petitioner approached learned Magistrate, Irinjalakkuda, who, by Ext.P9 order, rejected the said request. Ext.P9 is under challenge.

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Learned Magistrate had rejected the request of the petitioner since date of birth and place of birth in the S.S.L.C book would show the date of birth and place of birth as seen in the passport.

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W.P.C.No.25321/2003 2

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It is submitted by learned counsel for petitioner that as matters stand now, an order passed by any court would be enough for effecting such corrections and that an order passed by the Judicial Magistrate is not insisted.

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It is not in dispute that the law provides for local authority making an entry in the birth register in respect of date of birth and also place of birth as provided under the Registration of Births and Deaths Act 1969 and Rules framed thereunder. Hence it is not in dispute that the said document can be taken as an authenticated document and if the original of such a certificate is produced by the petitioner, then necessarily he is entitled for correction of his date of birth and place of birth in the passport. In respect of entries in the S.S.L.C book, it is for the petitioner to take necessary steps for getting the same corrected; but that does not mean that the petitioner cannot rely upon the birth certificate issued by the local authority for making necessary corrections in the passport.

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In that view of the matter, I am of the view that learned Magistrate had not exercised its jurisdiction properly while passing Ext.P9 order.

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W.P.C.No.25321/2003 3

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Accordingly, Ext.P9 is set aside and there shall be a direction to the respondent to make necessary corrections as requested by the petitioner with reference to the place of birth and date of birth on the basis of birth certificate issued by the local authority. Petitioner shall produce a certified copy of the birth certificate to the respondent along with necessary application in accordance with the procedure laid down and on receipt of the same, the respondent shall pass appropriate orders in the light of the observations made in this judgment.

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Writ petition is allowed as above.

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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jsr

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W.P.C.No.25321/2003 4

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W.P.C.No.25321/2003 5

Akkarakkaran Jose John v. Regional Passport Officer

Case brief

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Akkarakkaran Jose John v. Regional Passport Officer

Case brief

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