Disposed

Abdul Shareef v. the Passport Officer

Kerala HC10 Nov 2014WP(C)/27128/2014

Case brief

AI extract

What is this about?

The Court directed the second respondent (Passport Officer, Kozhikode) to cancel the petitioner's passport containing a tampered date of birth within three weeks. The petitioner must then seek a new passport from the Regional Passport Office, Malappuram, based on the second respondent's decision.

What did the court decide?

The Passport Officer, Kozhikode (Second Respondent) to cancel the petitioner's passport within three weeks; petitioner to seek fresh passport from Malappuram RPO based on that decision.

Abdul Shareef Vs the Passport Officer — Constitutional and Fundamental Rights | Kerala HC (2014)

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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.MUHAMED MUSTAQUE

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MONDAY, THE 10TH DAY OF NOVEMBER 2014/19TH KARTHIKA, 1936

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WP(C).No. 27128 of 2014 (M)

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PETITIONER(S):

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ABDUL SHAREEF, S/O.VAPPU THITTUMMAL, THITTUMMAL HOUSE, CHOLODE PALODE P.O., PALAKKAD DISTRICT.

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BY ADVS.SRI.BABU S. NAIR, SRI.K.RAKESH.

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RESPONDENT(S):

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1. THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MALAPPURAM, PIN-676 505.

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2. THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOZHIKODE, PIN-676 001.

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3. THE SUB INSPECTOR OF POLICE, KARIPOOR POLICE STATION, MALAPPURAM DISTRICT, PIN-673 647.

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R1 & R2 BY ADV. SRI.N.NAGARESH, ASSIST. S.G. OF INDIA. R3 BY GOVT. PLEADER MR.JOSEPH GEORGE.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 27128 of 2014 (M)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1: COPY OF THE PASSPORT OF THE PETITIONER BEARING NO.F1128759.

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P2: COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 03.06.2013.

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P3: COPY OF THE S.S.L.C. BOOK ISSUED TO THE PETITIONER.

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P4: COPY OF THE ONLINE APPLICATION RECEIPT RECEIVED FROM THE FIRST RESPONDENT.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.A. TO JUDGE

rs.

A.MUHAMED MUSTAQUE, J.

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=========================

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W.P(C).No.27128 of 2014M

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============================ Dated this the 10^th day of November, 2014

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JUDGMENT

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Petitioner is the holder of Indian Passport bearing No.F1128759 issued by the passport office, Kozhikode. It appears that Emigration Officer, Karipur Airport has detected that there is a tampering of date of birth in the passport. Thereupon, they forwarded this passport to the Sub Inspector of Police, Karipur Police Station. Petitioner approached this Court for revoking the earlier passport and to reissue fresh passport. According to the petitioner, the entry in the date of birth in the earlier passport is erroneous and he is entitled for a fresh passport.

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Learned Assistant Solicitor General submits that the petitioner has to explain before the Passport Officer, Kozhikode the reasons for tampering the passport. On being satisfied with any explanation from the petitioner, appropriate decision will be taken by the Passport Officer thereafter. A statement has also been filed on behalf of the authorities.

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Petitioner on the other side submits that he wants to cancel the earlier passport and he may be issued with a fresh passport.

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W.P(C).No.27128 of 2014M

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In view of the matter, petitioner can request for cancellation of earlier passport and file an application for issue of fresh passport. However, petitioner has to appear before the second respondent and seek cancellation. The second respondent shall take action to cancel the earlier passport. However, this will not preclude him from taking a decision in the matter if the petitioner suppressed the fact of tampering of the passport. A decision shall be taken by the second respondent within a period of three weeks from the date of receipt of a copy of this judgment. Based on the decision of the second respondent, petitioner shall approach the Passport Officer, Malappuram for applying for fresh passport. The Passport Officer, Malappuram shall consider the application for fresh passport only based on the decision of the second respondent.

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The Writ Petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE.

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Sbna/10/11/14

Abdul Shareef v. the Passport Officer

Case brief

What is this about?

What did the court decide?

Abdul Shareef v. the Passport Officer

Case brief

What is this about?

What did the court decide?

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