The High Court of Kerala, in a writ petition regarding a discrepancy in the petitioner's passport date of birth, directed the respondents to consider the pending application for re-issuance with correction within two weeks, citing a prior division bench judgment.
Direction to respondents to consider the pending application for passport re-issuance within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
INTHEHIGHCOURTOFKERALAATERNAKULAM
PRESENT
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
MONDAY,THE13THDAYOFMARCH2023/22NDPHALGUNA,1944
WP(C)NO.4356OF2023
PETITIONER:
ALIYAREM
AGED60YEARS
S/OMEEDIAN,
ERUPPAKKOTTILHOUSE,PERINGALAP.O,
KUNNATHUNADU,ERNAKULAM-683565.
BYADVI.DINESHMENON
RESPONDENTS:
1UNIONOFINDIA
MINISTRYOFEXTERNALAFFAIRS
REPBYASSISTANTSOLICITORGENERALOFINDIA,
HIGHCOURTOFKERALA,ERNAKULAM-682031.
2REGIONALPASSPORTOFFICER
REGIONALPASSPORTOFFICE,PANAMPILLYNAGAR,
COCHIN-682036.
3AUTHORISEDOFFICER
PASSPORTSEVAKENDRA,PSPDIVISION,MINISTRYOF
EXTERNALAFFAIRS,GOVERNMENTOFINDIA,GROUNDFLOOR
HEERAROYALE,SEAPORT-AIRPORTRD,KARINGACHIRA,
KOCHI,KERALA682301.
SRI.SMANU,DSGI
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON13.03.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
W.P.(C) No. 4356 of 2023
2
JUDGMENT
The petitioner states that he is the holder of an Indian Passport bearing No.T1850345. He states by referring to Exts.P3 to P6 records that his actual Date of Birth is 03.03.1962. However, in his passport, the Date of Birth is entered as 05.02.1958. In the said circumstances, the petitioner is stated to have preferred Ext.P7 application for re-issuance of Passport after effecting correction in the Date of Birth.
Having regard to the submissions advanced, there will be a direction to the respondents to consider Ext.P7 application submitted by the petitioner herein and pass orders in tune with the submissions above within a period of two weeks.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
Sru
W.P.(C) No. 4356 of 2023
3
APPENDIX OF WP(C) 4356/2023
PETITIONEREXHIBITS
Exhibit P1 |
TRUE COPY OF THE RELEVANT PAGES OF THEPASSPORT OF THE PETITIONER. |
|---|---|
Exhibit P2 |
TRUE COPY OF THE RELEVANT PAGES OF THEPASSPORT BEARING NO. H2541939. |
Exhibit P3 |
TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BYTHE KUNNATHUNADU GRAMA PANCHAYATH DATED26.12.2022. |
Exhibit P4 |
TRUE COPY OF THE RELEVANT PAGES OF THE ADHAARCARD OF THE PETITIONER. |
Exhibit P5 |
TRUE COPY OF THE DRIVING LICENSE OF THEPETITIONER DATED 7.5.1982. |
Exhibit P6 |
TRUE COPY OF THE RELEVANT PAGES OF THEADMISSION REGISTER DATED NIL. |
Exhibit P7 |
TRUE COPY OF THE APPLICATION DATED13.09.2022. |
EXHIBIT P8 |
THE TRUE COPY OF THE COMMUNICATION OF THE SUBDIVISIONAL MAGISTRATE MUVATTUPUZHA DATED21.12.2022. |
EXHIBIT P9 |
THE APPLICATION FOR REGISTRATION OF BIRTHSUBMITTED BEFORE THE VILLAGE OFFICER,KUNNATHUNADU DATED 28.11.2022. |
EXHIBIT P10 |
THE TRUE COPY OF THE NON-AVAILABILITYCERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH,KUNNATHUNADU DATED 17.11.2022. |
EXHIBIT P11 |
THE TRUE COPY OF THE CERTIFICATE ISSUED FROMKOCHI MUNICIPAL CORPORATION DATED 9.11.2022. |
W.P.(C) No. 4356 of 2023
4
EXHIBITP12THETRUECOPYOFTHECERTIFICATEISSUEDBY
THEAIKARANADGRAMAPANCHAYATHDATED
4.11.2022.
EXHIBITP13THETRUECOPYOFTHECERTIFICATEISSUEDBY
THEVADAVUKODEPUTHENCRUZGRAMAPANCHAYATH
DATED1.11.2022.
EXHIBITP14THETRUECOPYOFTHECERTIFICATEISSUEDBY
THESECRETARY,KIZHAKKAMBALAMGRAMA
PANCHAYATHDATED31.10.2022.
EXHIBITP15THETRUECOPYOFTHEJUDGMENTOFTHISHON’BLE
COURTINWP(C)No.21890/2022dated
06/07/2022.
RESPONDENTSEXHIBITS:NIL
1 issue framed by the court
Whether the petitioner should be directed to apply for passport re-issuance with date of birth correction in light of the cited judgment.
Colour shows how this judgement treated each authority
W.A.No.778 of 2020 [Neutral Citation No.2020/KER/24517]Referred¶2
1 provisions across 1 enactments
Aliyar Rem
Union of India
Regional Passport Officer
Authorised Officer
Raja Vijayaraghavan V J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court