Allowed

Marykutty Thomas v. Union of India

Kerala HC18 May 2016WP(C)/10983/2016

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking correction of the petitioner's passport date of birth, directing the Passport Officer to consider the request despite a recent Government Office Memorandum limitarions, relying on a concurrent batch of orders permitting genuine corrections.

What did the court decide?

The second respondent is directed to consider the petitioners request for correction within three weeks and carry out the correction if found genuine.

Marykutty Thomas Vs Union of India — Writ and Judicial Review | Kerala HC (2016)

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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 P.B.SURESH KUMAR

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WEDNESDAY, THE 18TH DAY OF MAY 2016/28TH VAISAKHA, 1938

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WP(C).No. 10983 of 2016 (W)

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PETITIONER :

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MARYKUTTY THOMAS @ MARYKUTTY.K.J., AGED 55 YEARS,W/O.THOMAS DANIEL, KOCHUVEETTIL ATTALANTA,ERVANKARA P.O., NOW RESIDING AT T.M. VILLA, ERAVANKARA P.O., MAVELIKARA -690 108.

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BY ADVS.SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW

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RESPONDENT(S):

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1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE ANNEXE,NEW DELHI-1.

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2. THE PASSPORT OFFICER, PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI-682 036.

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R1 & R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 10983 of 2016 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: TRUE COPY OF THE PETITIONER'S BIRTH CERTIFICATE ISSUED FROM KULANDA GRAMA PANCHAYAT.

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EXT.P2: TRUE COPY OF THE PETITIONER'S BAPTISM CERTIFICATE. EXT.P3: TRUE COPY OF THE PETITIONER'S MARRIAGE CERTIFICATE. EXT.P4: TRUE COPY OF THE SSLC BOOK OF THE PETITIONER. EXT.P5: TRUE COPY OF THE RELEVANT PAGE OF THE PETITIONER'S PASSPORT. EXT.P6: TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT. EXT.P7: TRUE COPY OF THE AFFIDAVIT PREPARED FOR CORRECTION OF DATE OF BIRTH. EXT.P8: TRUE COPY OF THE APPLICATION FOR CORRECTION OF DATE OF BIRTH.

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EXT.P9: TRUE COPY OF THE OM NO.VI/401/2/5/2011 DATED 26/11/2015.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

P.B. SURESH KUMAR, J.

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-----------------------------------------------W.P.(C).No. 10983 of 2016

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-----------------------------------------------Dated this the 18^th day of May, 2016

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JUDGMENT

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The grievance of the petitioner is that her request

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for correction of the entry relating to date of birth in the

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passport is not being entertained by the authorities under

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the Passport Act on the ground that she has not applied for correction within five years from the date of issue of the

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passport.

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The learned Assistant Solicitor General

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appearing for the respondents attempted to justify the stand of the authorities relying on Office Memorandum No.VI/401/2/5/2001 dated 26.11.2015 issued by the Central

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Government. According to him, correction of the entries

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W.P.(C).No. 10983 of 2016

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-2-

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in the passport are now governed by the said Office Memorandum which provides that application for correction shall be submitted within five years from the date of issue of the passport.

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This Court in W.P.(C) No.7274 of 2016 and connected cases, took the view that the Office

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Memorandum relied on by the respondents 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.

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In the result, the writ petition is allowed and the

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W.P.(C).No. 10983 of 2016

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-3-

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second 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.

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Sd/- P.B. SURESH KUMAR JUDGE

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bpr

Marykutty Thomas v. Union of India

Case brief

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Marykutty Thomas v. Union of India

Case brief

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