Petitioner challenged rejection of passport application due to name change and identity verification issues. Court held that disputed questions of fact require adjudication by competent court declaring identity and date of birth, not this Court. Application pending for proper orders. Writ petition disposed of.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 24TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944
WP(C) NO. 12865 OF 2022
PETITIONER/S:
JAMEES, AGED 52 YEARS S/O.SULAIMAN, KIZHACHIRA HOUSE, THOTTAPPADI, MANNUTHY P.O., THRISSUR DISTRICT, PIN-680651.
BY ADVS. SALIM V.S. A.M.FOUSI
RESPONDENT/S:
1 REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O., ERNAKULAM-682 036.
2 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110 001.
BY ADV S.MANU
OTHER PRESENT:
SMT REA MOLY BENNY FOR ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court seeking directions to the 1st respondent to reissue the passport to the petitioner as the earlier passport issued in the year 1991 from Kochi was lost and a certificate of lost was issued vide Ext.P1 and thereafter he is stated to have went to Bombay and obtained a Passport bearing No.A1891254 on 24.9.1996. On the basis of the said passport he went to Soudi Arabia but his passport was detained by the employer and on the basis of the amnesty scheme on account of issuance of emergency slip he returned back to India. Now after the expiry of the period of the passport issued by the Bombay, has again submitted an application on 10.12.2021, Ext.P3 and along with that had also supplied the copy of the Pan Card, Aadhar Card and Identity card issued by the election commission, Ext.P4, P5 and P6 respectively and had also changed his name as 'JAMEES' instead of Jameesa Sulaiman.
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obtained from Bombay Regional Passport Officer is on the basis of S.S.L.C Certificate. It is for that purpose the department is requiring to submit date of birth. Even otherwise, the issuance of a publication in the newspaper would not be a sufficient requirement for seeking the correction of the name.
I have heard the learned counsel for the parties and appraised the paper book. The disputed question of facts involved in this case cannot be adjudicated by this Court under Article 226 of the constitution of India. A publication in the newspaper regarding the changing of the name is not sufficient as declaratory decree is required to retain from the competent court by examining the witnesses in order to rule out the identity of the person. There can be a problem of an identity and in that stood can also seek a declaration of the date of birth. Till such orders are obtained, the passport authority in my view are not in a position to issue the passport. Writ petition is disposed of with the observation herein above.
SD/-
sab
AMIT RAWAL
JUDGE
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APPENDIX OF WP(C) 12865/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE ENQUIRY CERTIFICATE ISSUED FROM STATION HOUSE OFFICER, KOLLENGODE POLICE STATION. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE EMERGENCY CERTIFICATE/IMPOUND SLIP ISSUED BY THE IMMIGRATION OFFICER SAHAR INTERNATIONAL AIRPORT MUMBAI. |
| Exhibit P3 | TRUE COPY OF THE ONLINE APPO INTMENT RECEIPT. |
| Exhibit P4 | TRUE COPY OF THE PAN CARD ISSUED BY THE INCOME TAX DEPARTMENT. |
| Exhibit P5 | TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA. |
| Exhibit P6 | TRUE COPY OF THE AADHAR CARD ISSUED BY THE GOVERNMENT OF INDIA. |
| Exhibit P7 | TRUE COPY OF THE PAPER PUBLICATION ADVERTISEMENT DATED 22.01.2022 IN SUPRABHATHAM DIALY SHOWING NAME CHANGING OF THE PETITIONER. |
| Exhibit P8 | TRUE COPY OF THE EXTRACT OF THE ADMISSION REGISTER ISSUED FROM AIDED LOWER PRIMARY SCHOOL PALLASSANA. |
2 issues framed by the court
Whether the High Court can adjudicate disputed questions of fact involving identity and date of birth under Article 226 of the Constitution.
Whether a newspaper publication is sufficient to correct the name on a passport application without a declaratory decree from a competent court.
JAMEES
REGIONAL PASSPORT OFFICER
UNION OF INDIA
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
