The High Court held that the five-year time limit in an Office Memorandum regarding passport correction applications must yield to a genuine application. Petitioning a date of birth correction.
Respondent directed to consider the petitioner's request for passport correction within three weeks and carry out the correction if genuine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 2ND DAY OF JUNE 2016/12TH JYAISHTA, 1938
WP(C).No. 10331 of 2016 (N)
PETITIONER(S):
REJU PULIMOOTTIL JOHN, AGED 31 YEARS, S/O. P.J. JOHN, PULIMOOTTIL HOUSE, KUMPLAMPOIKA P.O., CHENGARAMUKKU, PATHANAMTHITTA.
BY ADVS.SRI.K.SHAJ, SRI.SAJJU.S.
RESPONDENT(S):
THE PASSPORT OFFICER, SNSM BUILDING, KARALKADA JUNCTION, PETTAH P.O., THIRUVANANTHAPURAM - 695 024.
BY ADV. SRI.N.NAGARESH, ASSIST. S.G. OF INDIA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 10331 of 2016 (N)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
P.B.SURESH KUMAR, J.
W.P.(C) No.10331 of 2016
Dated 2nd June, 2016.
J U D G M E N T
The grievance of the petitioner is that his request for correction of the entry relating to date of birth in the passport is not being entertained by the authorities under the Passport Act on the ground that he has not applied for correction within five years from the date of issue of the passport.
WPC 10331/16
2
respondent shall not stand in the way of the passport authorities entertaining genuine applications for correction of the entries in the passport. In the light of the judgment of this Court in the said batch of cases, I deem it appropriate to direct the authorities under the Passport Act to consider the request of the petitioner also as directed in the said cases.
In the result, the writ petition is allowed and the respondent is directed to consider the request of the petitioner for correction of the entry in the passport within three weeks from the date of receipt of a copy of this judgment. The petitioner is at liberty to place additional materials before the Passport Officer to establish the genuineness of the request. The Passport Officer shall carry out the correction requested, if the request is found to be genuine. The petitioner is at liberty to produce a certified copy of this judgment for compliance before the Passport Officer.
P.B.SURESH KUMAR, JUDGE.
tgs
3 issues framed by the court
Whether the five-year time limit for passport correction applications under the Office Memorandum bars genuine requests for correction.
Whether the authority should entertain the petitioner's request for correction of the date of birth entry in the passport despite the time limit.
If the request is found genuine, can the petitioner produce additional materials to establish the genuineness of the request before the passport officer?
Colour shows how this judgement treated each authority
W.P.(C) No.7274 of 2016 and connected casesApplied¶33
W.P.(C) No.7274 of 2016 and connected cases
2 provisions across 2 enactments
Reju Pulimoottil John
The Passport Officer
P. B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
