Disposed

Jose Pereppadan Varghese v. Regional Passport Officer

Kerala HC25 May 2022WP(C)/16826/2022

Case brief

AI extract

What is this about?

A writ petitioner sought directions to correct an error in his passport's date of birth. The Court directed the Respondent to process the application using the original document dates, complying with specific notifications and office memorandums.

What did the court decide?

Determined that the respondent must take a call on the application for issuance of passport with the correct date of birth within 15 days, after hearing if necessary.

Jose Pereppadan Varghese Vs Regional… — Constitutional and Fundamental Rights | 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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WEDNESDAY, THE 25TH DAY OF MAY 2022 / 4TH JYAISHTA, 1944
WP(C) NO. 16826 OF 2022

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PETITIONER:

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JOSE PEREPPADAN VARGHESE,
AGED 59 YEARS,
PEREPPADAN HOUSE, KORATTY EAST P.O,
KORATTY, THRISSUR DISTRICT, PIN – 680308

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BY ADV JOHN VARGHESE

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RESPONDENT:

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REGIONAL PASSPORT OFFICER,
PASSPORT OFFICE, PANAMPILLY NAGAR P.O,
COCHIN, PIN – 682036

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BY ADV. S.MANU, ASSISTANT SOLICITOR GENERAL OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 16826 OF 2022 -2-

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JUDGMENT

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The petitioner has approached this Court seeking

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directions to the respondent to consider the date of birth in Ext.P1 certificate for issuing passport.

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The date of birth of the petitioner shown in the S.S.L.C Book is 16.01.1963, which was erroneously shown in the passport issued on 7.6.1984 as 16.01.1959. Since the petitioner wanted to correct his date of birth in the passport, he submitted an application for passport with the original date of birth shown in Ext.P1certificate on 15.02.2021. The appointment time with the respondent was given on 16.02.2021. But in the appointment receipt it is written as “date of birth change around 4 years differs” and the passport was not issued with the original date of birth as in Ext.P1.

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Smt.Krishna, learned counsel appearing on behalf of the ASGI for the respondent submits that the Regional Passport authority concerned ie., Respondent would not be averse in taking call on the request in terms of the notification and the office memorandum dated 22.9.2016.

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WP(C) NO. 16826 OF 2022 -3-

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After considering the rival contentions of the parties, I dispose of the writ petition by directing the respondent to take a call on the application submitted by the petitioner, for issuance of passport with the correct date of birth in Ext.P1 certificate, in accordance with law, in terms of the notification dated 26.11.2015 and office memorandum dated 22.9.2016 after affording an opportunity of hearing, if necessary. Let this exercise be undertaken within a period of 15 (fifteen) days from the date of receipt of a copy of this judgment.

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Sd/-

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AMIT RAWAL JUDGE

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vv

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WP(C) NO. 16826 OF 2022 -4-

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APPENDIX OF WP(C) 16826/2022

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PETITIONER EXHIBITS

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Exhibit P-1TRUE COPY OF THE RELEVANT PAGE OF THE
SSLC BOOK OF THE PETITIONER
Exhibit P-2TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT ISSUED BY THE RESPONDENT TO
THE PETITIONER ON 07-06-1984
Exhibit P-3TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT ISSUED BY THE RESPONDENT TO
THE PETITIONER DT. 17-08-2004
Exhibit P-4TRUE COPY OF THE APPOINTMENT RECEIPT
DATED 16-02-2021 ISSUED FROM THE
OFFICE OF THE RESPONDENT TO THE
PETITIONER

Jose Pereppadan Varghese v. Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Jose Pereppadan Varghese v. Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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