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Asharaf O. M v. Regional Passport Officer Kochi

Kerala HC24 May 2022WP(C)/14930/2022

Case brief

AI extract

What is this about?

This court issued a writ of Mandamus directing the Regional Passport Officer to consider and dispose of the petitioner's application for correction of date of birth in passport within two months, relying on a government notification.

What did the court decide?

Direction to consider and dispose of the application for correction of date of birth in passport within two months.

Asharaf O. M Vs Regional Passport Officer Kochi — Writ and Judicial Review | Kerala HC (2022)

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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 AMIT RAWAL

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TUESDAY, THE 24^TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944 WP(C) NO. 14930 OF 2022

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PETITIONER/S:

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ASHARAF O. M AGED 53 YEARS SON OF MOHAMED, ORUVIL HOUSE, CHIRANELLUR, THRISSUR DISTRICT, PIN - 680501

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BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA R.GAYATHRI SADIK ISMAYIL M.MAHIN HAMZA

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RESPONDENT/S:

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REGIONAL PASSPORT OFFICER KOCHI REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD, NEAR IDBI CORPORATE BRANCH, PANAMPILLY NAGAR, KOCHI, ERNAKULAM DISTRICT, PIN - 682036

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BY ADV MANU S., ASG OF INDIA

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OTHER PRESENT:

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REA MOLLY BENNY FOR ASGI

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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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WP(C) NO. 14930 OF 2022

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JUDGMENT

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The petitioner has approached this Court seeking the following reliefs:

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I. Issue a writ of Mandamus or any other appropriate writ, direction or order directing the respondent to correct the date of birth in the passport bearing No.V6837789 of the petitioner as 10.5.1969 instead of 19.1.1964 on the basis of Ext.P2 to P4 proof of date of births; II. Issue a Writ of Mandamus or any other appropriate writ, ordering or directing the respondent to consider and dispose Ext.P5 application within a time frame laid down by this Hon'ble Court.

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It is submitted that the date of birth of the petitioner as per the school records is 10.5.1969 and not 19.1.1964. Since that error had occurred in the passport, submitted an application before the passport authority for issuance of passport with the correct date of birth.

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Learned counsel appearing for the ASGI submits that the respondents will take a call as per the instructions of the Government dated 22^nd of September 2016 whereby the period of limitation for entertaining such application has been relaxed provided the explanation submitted by the applicant is found to be justified and reasonable. In this view of the matter, writ petition is disposed of with a direction to the respondents to take a call on the

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WP(C) NO. 14930 OF 2022

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request of the petitioner for issuance of the passport with the correct date of birth in terms of the notification referred above within a period of two months from the date of receipt of a copy of the judgment.

Sd/-

sab

AMIT RAWAL

JUDGE

WP(C) NO. 14930 OF 2022

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APPENDIX OF WP(C) 14930/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE PASSPORT BEARING PETITIONER ISSUED	RELEVANT PAGE OF THE NO. V6837789 OF THE BY THE RESPONDENT
Exhibit P2	TRUE COPY OF THE 764329730847 OF T	AADHAR CARD NO. HE PETITIONER
Exhibit P3	TRUE COPY OF THE PETITIONER ISSUED AMEEN HIGH SCHOOL	SCHOOL CERTIFICATE OF THE BY THE HEADMASTER, AL- , KECHERI
Exhibit P4	TRUE COPY OF THE SFQ0460121 OF THE	ELECTION ID CARD NO. PETITIONER
Exhibit P5	TRUE COPY OF THE 27.04.2022 SUBMIT BEFORE THE RESPON	APPLICATION DATED TED BY THE PETITIONER DENT
Exhibit P6	TRUE COPY OF THE 27.04.2022 WHICH OF EXHIBIT P5 APP	POSTAL RECEIPT DATED ACKNOWLEDGES THE SENDING LICATION

Asharaf O. M v. Regional Passport Officer Kochi

Case brief

What is this about?

What did the court decide?

Asharaf O. M v. Regional Passport Officer Kochi

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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