Disposed

Jassim Naz A.J. v. the Regional Passport Officer

Kerala HC12 Nov 2014WP(C)/18598/2014

Case brief

AI extract

What is this about?

Petitioner sought correction of incorrect date of birth in passport despite discrepancy exceeding two years. Court affirmed power of passport authorities to correct errors provided petitioner convinces them of claim genuineness and files affidavit explaining discrepancies.

What did the court decide?

Writ petition disposed; directed petitioner to file affidavit explaining discrepancies; authorities to consider application within four weeks if satisfied.

Jassim Naz A.J. Vs the Regional Passport Officer — Kerala HC (2014) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

WEDNESDAY, THE 12TH DAY OF NOVEMBER 2014/21ST KARTHIKA, 1936

¶5

WP(C).No. 18598 of 2014 (Y)

¶6

PETITIONER:

¶7

JASSIM NAZ A.J., S/O. ANDUL AZEEZ S., AGED 34 YEARS, NAZ MANZIL, MARIYAM, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT.

¶8

BY ADV. SRI.M.ZIYAD

¶9

RESPONDENT:

¶10

THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, THIRUVANANTHAPURAM - 695 001.

¶11

BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

mbr/

¶14

WP(C).No. 18598 of 2014 (Y)

¶15

APPENDIX

¶16

PETITIONER(S)' EXHIBITS:

¶17

EXHIBIT P1TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT ISSUED TO THE PETITIONER.

¶18

EXHIBIT P2TRUE COPY OF THE BIRTH CERTIFICATE DATED 01-8-2012 ISSUED TO THE PETITIONER BY THE REGISTRAR OF BIRTH AND DEATH, COROPORATION OF THIRUVANANTHAPURAM.

¶19

EXHIBIT P3TRUE COPY OF THE APPLICATON DATED 20-05-2014 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

¶20

RESPONDENT(S)' EXHIBITS: - NIL

/TRUE COPY/

P.S. TO JUDGE

mbr/

A.MUHAMED MUSTAQUE, J.

¶25

*****************************************************

¶26

W.P.(C) No.18598 of 2014

¶27

*****************************************************

¶28

Dated this the 12^th day of November, 2014

¶29

JUDGMENT

¶30

The petitioner is the holder of Indian Passport bearing

¶31

No.B0181378 issued by the Passport Officer, Thiruvananthapuram. This was obtained showing the date of birth as shown in the school admission extract. The petitioner submits that date of birth shown in the Passport is

¶32

incorrect. The petitioner relies on Ext.P2, birth certificate issued by the local authority. It appears that the date of birth

¶33

shown in the petitioner in the SSLC book is different from the admission extract.

¶34

The statement filed by the authorities pointing out

¶35

various discrepancies relating to the date of birth relied by the petitioner. It is also stated that the disparity is more than

¶36

two years and the Passport Issuing Authorities have no

¶37

W.P.(C) No.18598 of 2014 2

¶38

power to correct the date of birth. This Court held that the Circular restricting the power of the Passport Issuing Authorities is unsustainable and held that the Passport Issuing Authorities have the Power.

¶39

In view of the above, the Passport Issuing Authorities is having power to correct the date of birth even if the difference is more than two yeras. However, the Passport Issuing Authorities have to be satisfied with the genuineness of the claim; it is for the petitioner to convince the Passport Issuing Authorities, genuineness of the claim based on the relevant materials. If the Passport Issuing Authorities are satisfied with the genuineness of the claim, the Passport Issuing Authorities shall correct the date of birth in the Passport. However, the petitioner shall file an affidavit explaining the reasons of the discrepancies in the earlier Passport, Admission Extract, SSLC Book as well as in the birth

¶40

W.P.(C) No.18598 of 2014 3

¶41

certificate. If the petitioner makes an application before the Passport Issuing Authorities, that shall be considered within a period of four weeks. The petitioner shall produce copy of this judgment along with this writ petition before the respondents for compliance.

¶42

The writ petition is disposed of as above.

¶43

Sd/- A.MUHAMED MUSTAQUE, JUDGE

¶44

Jassim Naz A.J. v. the Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Jassim Naz A.J. v. the Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S.N.J.Thomas and Co. Vs Union of India

Ambujakshan Vs the State of Kerala

Suryakant Purushotham Vs the Registrar

K.P. Abdul Kader Vs the Perinthalmanna Municipality

Mohammed Shaheed Vs Ass. Commissioner of Customs (Refund)

M/S. Subham Freight Terminal Vs the Chairman