Allowed

Soniya Shibu @ Soniya Boben v. Union of India

Kerala HC9 Jun 2016WP(C)/9557/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the writ petition and directed the Regional Passport Officer to consider the petitioner's request for correction of passport details based on antecedent judgments, overriding the time-bar under the Office Memorandum.

What did the court decide?

The second respondent directed to consider the request for correction of the entry in the passport within three weeks; petitioner at liberty to place additional materials.

Soniya Shibu @ Soniya Boben Vs Union of… — 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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THURSDAY, THE 9TH DAY OF JUNE 2016/19TH JYAISHTA, 1938

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WP(C).No. 9557 of 2016 (T)

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PETITIONER(S):

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SONIYA SHIBU @ SONIYA BOBEN, AGED 48 YEARS, V.T HOUSE, DIVYA NAGAR -38, CONVENT LANE, PATTATHANAM, KOLLAM - 691 021.

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BY ADVS.SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE.

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RESPONDENT(S):

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1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY EXTERNAL AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI, PIN - 110 001.

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2. REGIONAL PASSPORT OFFICER,

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PASSPORT OFFICE, THIRUVANANTHAPURAM, PIN - 695 003.

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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 09-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9557 of 2016 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF PASSPORT OF THE PETITIONER

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EXHIBIT P2 TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONER DATED 04/09/2015 ISSUED FROM THE KOLLAM MUNICIPAL CORPORATION

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EXHIBIT P3 TRUE COPY OF ORDER DATED 20/11/2015 PASSED BY THE STATE GOVERNMENT

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EXHIBIT P3(A) TRUE COPY OF ORDER DATED 18/01/2016 PASSED BY THE STATE GOVERNMENT FOR GOVERNMENT EXAMINATIONS

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EXHIBIT P3(B) TRUE COPY OF PAGE NO 1,2 AND 3 OF THE CORRECTED SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER

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EXHIBIT P4 TRUE COPY OF ONLINE APPOINTMENT RECEIPT WITH ENDORSEMENT OF 2ND RESPONDENT

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EXHIBIT P5 TRUE COPY OF THE OFFICE MEMORANDUM NO VI/401/29/5-2001 DATED 26/11/2015 OF THE 1ST RESPONDNT

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

P.B.SURESH KUMAR, J.

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W.P.(C) No.9557 of 2016

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Dated 9^th June, 2016.

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J U D G M E N T

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The grievance of the petitioner is that her 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 tha t she h as not applied for correction within five years from the date of issue of the passport.

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The learned Assistant Solicitor General appearing for the respond ents 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 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 Memorandum relied on by the respondents shall not stand in the way of the passport authorities

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WPC 9557/16

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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 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/-

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P.B.SURESH KUMAR, JUDGE.

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(true copy)

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tgs

Soniya Shibu @ Soniya Boben v. Union of India

Case brief

What is this about?

What did the court decide?

Soniya Shibu @ Soniya Boben v. Union of India

Case brief

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