COURT OF JUDICATURE AT MADRAS Dated :…
Direction to respondents to consider petitioner's request for correcting date of birth in passport via Email 26.11.2015 guidelines within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.02.2018 CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
W.P.No.21638 of 2017
Vrishank Magesh Babu
... Petitioner
vs.
1.The Secretary to Government,
Ministry of External Affairs,
CPV Division, Patiala House Annexe,
New Delhi.
2. The Regional Passport Officer,
Royala Towers, No.2 and 3, IV Floor,
Old No.785, New No.128, Anna Salai,
Chennai – 600 002.
3. The Assistant Passport Officer,
Passport Seva Kendra
No.1, Near Buhari Hotel,
Banumathi Ramakrishnan Road,
Saligramam,
Chennai – 600 093. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the second and third respondents ot process / reissue of Passport application Ref.No.17-1006389523 dated 22.06.2017 based on the guidelines issued by the first respondent in proceedings No.VI/401/2/5/2001 dated 26.11.2015 within the time frame and issue fresh passport in the name of the petitioner by incorporating the Date of Birth as 03.08.1998.
For Petitioner : Mr.V.Srinivasa Babu For Respondents : Mr.B.Rabu Manohar, SGCPC
The petitioner seeks for a mandamus directing the second and third respondents to process his renewal/reissuing of passport application Ref.No. 17-1006389523 dated 22.06.2017 based on the
guidelines issued by the first respondent dated 26.11.2015.
(iii) The cases where the applicant comes to PIA for change/ correction with regard to date of birth in the Passport after a period of five years from the date of issue of passport with alleged wrong date of birth, no such request shall be entertained/ accepted by the PIA and be rejected out rightly.
However, an exemption in this regard may be given to an applicant who was minor at the time when passport with alleged wrong date of birth was issued to him. As and when such an applicant after attaining the age of majority applies for the passport with the request to change the date of birth in the passport issued to him when he was minor, the PIA irrespective of the duration of the issuance of passport may accept his case for consideration and if is satisfied with the claim and document(s) submitted by the applicant, may accept his request for change of date of birth in the passport without imposition of any penalty.
that pursuant to the filing of the counter, a report was also received from the Corporation and therefore, the request of the petitioner will be considered in accordance with above said guidelines.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
vsi
To
1.The Secretary to Government,
Ministry of External Affairs,
CPV Division, Patiala House Annexe,
New Delhi.
2. The Regional Passport Officer,
Royala Towers, No.2 and 3, IV Floor,
Old No.785, New No.128, Anna Salai,
Chennai – 600 002.
3. The Assistant Passport Officer,
Passport Seva Kendra
No.1, Near Buhari Hotel,
Banumathi Radhakrishnan Road,
Saligramam,
Chennai – 600 093.
+1cc to Mr.V.Srinivasa Babu, Advocate, S.R.No.9663
+1cc to Mr.B.Rabu Manohar, Advocate, S.R.No.9815
W.P.No.21638 of 2017
RRK(/02/2018)
1 issue framed by the court
Whether the petitioner, who was a minor when a passport was issued with an incorrect date of birth by mistake, is eligible for correction of the date of birth despite the five-year bar in Passport Iss
2 provisions across 2 enactments
Vrishank Magesh Babu
Secretary to Government, Ministry of External Affairs
Regional Passport Officer, Chennai
Assistant Passport Officer, Chennai
K. Ravichandrababu
As recorded by the court registry
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