Allowed

Tintu Thomas v. the Passport Officer

Kerala HC18 May 2016WP(C)/9171/2016

Case brief

AI extract

What is this about?

High Court of Kerala allowed writ petition where Passport Officer refused correction of date of birth on grounds of five-year time limit. Court relied on W.P.(C) No.7274 of 2016 to direct officer to consider genuine application within three weeks.

What did the court decide?

Passport Officer directed to consider petitioner's request for correction of date of birth within three weeks and correct if genuine.

Tintu Thomas Vs the Passport Officer — Constitutional and Fundamental Rights | 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. 9171 of 2016 (V)

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PETITIONER(S):

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-----------------------

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TINTU THOMAS, AGED 33 YEARS, D/O.GEORGE THOMAS, PUTHENPURACKAL, CHINGAVANAM P.O., MOOLAMKULAM, KOTTAYAM, KERALA, PIN-686 531.

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BY ADVS.SRI.BABU CHERUKARA SRI.PRATHEUSH.M.ANAND

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RESPONDENT(S):

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-------------------------

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1. THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOCHI, PANAMAPILLY NAGAR, COCHIN-682036.

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2. UNION OF INDIA,

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REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, VIDESH MANDRALAYA, NEW DELHI, PIN-110 001.

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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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msv/

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WP(C).No. 9171 of 2016 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 : TRUE COPY OF THE PETITIONER'S PASSPORT'S RELEVANT PAGES CONTAINING NAME, DATE OF ISSUE, DATE OF EXPIRY, DATE OF BIRTH ADDRESS ETC.

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P2 : TRUE COPY OF THE PETITIONER'S SECONDARY SCHOOL LEAVING CERTIFICATE DT 23-4-1998

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P3 : TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS VIJAYAPURAM GRAMA PANCHAYAT DT 9-2-2016.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE

Ms v/

P.B.SURESH KUMAR, J.

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- - - - W.P.(C).No.9171 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 for

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correction of the entry relating to date of birth in the 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

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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 Government. According to him, correction of the entries in

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W.P.(c).No.9171 of 2016 : 2 :

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the passport are now governed by the said Office

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Memorandum which provides that application for correction shall be submitted within five years from the date of issue of

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the passport.

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This Court in W.P.(C) No.7274 of 2016 and

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connected cases, took the view that the Office Memorandum

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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.9171 of 2016 : 3 :

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first 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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sm/

Tintu Thomas v. the Passport Officer

Case brief

What is this about?

What did the court decide?

Tintu Thomas v. the Passport Officer

Case brief

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