Petitioner sought correction of passport date of birth. Court held that Office Memorandum bar on delay cannot override Judicial directions. Ordered authorities to consider genuine correction request.
Directed second respondent to consider request for correction within three weeks of receipt; petitioner at liberty to produce judgment and additional materials.
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
WEDNESDAY, THE 25TH DAY OF MAY 2016/4TH JYAISHTA, 1938
WP(C).No. 18220 of 2016 (B)
PETITIONER :
ANURAG ASOKAN, AGED 32, S/O. ASOKAN, MADATHIKKARA HOUSE, EAST KOMBARA DESOM, IRINJALAKUDA, THRISSUR DISTRICT.
BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO
RESPONDENT(S):
1. THE UNION OF INDIA, REP. BY ITS SECRETARY TO THE GOVERNMENT, EXTERNAL AFFAIRS MINISTRY, NEW DELHI.
2. THE REGIONAL PASSPORT OFIFCER, OFFICE OF THE REGIONAL PASSPORT OFFICE, COCHIN-682 001.
R1 & R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 18220 of 2016 (B)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: A TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT NO.H0155921 OF THE PETITIONER ISSUED DATED 14.8.2008.
EXHIBIT P2: A TRUE COPYOF THE BIRTH CERTIFICATE OF THE PETITIONER DATED
EXHIBIT P3: A TRUE COPY OF THE SSLC BOOK REG.NO.144089 MARCH 2000 ISSUED BY BOARD OF PUBLIC EXAMINATIONS, GOVERNMENT OF KERALA.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.S.TO JUDGE
sts
P.B.SURESH KUMAR, J.
W.P.(C) No.18220 of 2016
Dated 25th May, 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 18220 of 2016
2
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 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.
Sd/-
P.B.SURESH KUMAR, JUDGE.
(true copy)
tgs
2 issues framed by the court
Whether the passport authorities can refuse correction of date of birth entry on grounds of delay beyond five years.
Whether a general direction in earlier writ petitions applies to refuse correction of passport entries based on Office Memorandum.
ANURAG ASOKAN
THE UNION OF INDIA, REP. BY ITS SECRETARY TO THE GOVERNMENT, EXTERNAL AFFAIRS MINISTRY, NEW DELHI
THE REGIONAL PASSPORT OFICER, OFFICE OF THE REGIONAL PASSPORT OFFICE, COCHIN-682 001
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
