Kerala High Court
Muhammed Ali M vs Union Of India on 1 July, 2025
2025:KER:47976
WP(C) No. 4415 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 4415 OF 2025
PETITIONER:
MUHAMMED ALI M.,
AGED 53 YEARS, S/O MUHAMED,
PATTAPURATH HOUSE, THEKKUMKARA,
TALAPILLY THRISSUR, KERALA,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
RASHEEK AHAMED.B.A.,
AGED 42 YEARS, S/O FAKRUDDIN THANGAL,
BUKARAYIL AYITTANDIYIL HOUSE,
POST MATHILAKAM, THRISSUR, PIN-680685
BY ADVS.
SHRI.THAREEK T.S.
SHRI.ARJUN BABU C.S.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI,
74B, SOUTH BLOCK, NEW DELHI, PIN-110001
2 SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,NEW DELHI,
74B, SOUTH BLOCK, NEW DELHI, PIN-110001
3 REGIONAL PASSPORT OFFICER
PANAMPILLY NAGAR P.O., COCHIN,
KERALA, PIN-682036
2025:KER:47976
WP(C) No. 4415 of 2025
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4 PASSPORT OFFICER,
PASSPORT AUTHORITY AT INDIAN EMBASSY,
ABU DHABI, UNITED ARAB EMIRATES,
NEAR TO PEPSICOLA,
UNITED ARAB EMIRATES, PIN-4090
BY ADV.T.C.KRISHNA, SENIOR PANEL COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No. 4415 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 4415 of 2025
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Dated this the 1st day of July, 2025
JUDGMENT
The writ petition is filed seeking a direction to respondents 3 and 4 to accept and pass orders on Exts.P8 and P9 representations, wherein the petitioner requested a change of the date of birth entered in the passport.
2. The petitioner submits that his date of birth is 08.09.1971, as seen from Ext.P5 birth certificate issued by the authority concerned, but the date of birth shown in the passport is 05.04.1965. The passport was issued for the first time on 24.10.1988 and thereafter, it was renewed/re-issued thrice in 1988, 2012 and 2022, respectively. Long thereafter, the petitioner in 2024 is stated to have made an application for correction.
3. The respondents in the statement filed contend that no application for correction of date of birth is pending with respondents 2025:KER:47976 WP(C) No. 4415 of 2025 -4- 3 and 4. The office memorandum dated 22.09.2016 contains the guidelines with regard to the change/correction of entries in the date of birth in the existing passport of an applicant. Clause (iv) of the said memorandum is as follows:-
iv. The cases where the applicant comes to PIA for change/correction with regard to DOB in the passport after a period of five years from the date of issue of passport with alleged wrong DOB shall not be entertained/accepted by the PIA. However, an exception in this regard may be given to an applicant who was a minor at the time when the passport with the alleged wrong DOB was issued to him/her, as and when such applicant after attaining the age of major, applies for the passport with the request of change of DOB in the passport issued to him/her when he or she was a minor, the PIA irrespective of the period of issuance of passport may accept his/her case for consideration, and if the PIA is satisfied with the claim and with the document (submitted by the applicant), the PIA may accept his/her request for change of DOB without imposition of any penalty.
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4. In the instant case, even going by the petitioner's case, he would have become a major in 1989.
5. Under such circumstances, going by the office memorandum, the request of the petitioner, stated to have been made in 2024, cannot be entertained. It has to be noted that the delay is not explained at all in this case, and admittedly, the petitioner's request falls far beyond the time period prescribed in the office memorandum.
6. This issue has been considered by the Division Bench of this Court in W.A. No.778 of 2020 dated 9th July, 2020, relying on the judgment of this Court in Jayakumar and others v. Regional Transport Officer, Tvm [2015 (3) KHC 763] and the office memorandum referred above.
Accordingly, there is no merit at all in the writ petition. The same is dismissed.
Sd/-
MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:47976 WP(C) No. 4415 of 2025 -6- APPENDIX OF WP(C) 4415/2025 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE PASSPORT Exhibit P2 THE TRUE COPY OF AADHAR Exhibit P3 TRUE COPY OF THE DRIVING LICENCE Exhibit P4 TRUE COPY OF PERMANENT ACCOUNT NUMBER CARD Exhibit P5 TRUE COPY OF THE BIRTH CERTIFICATE Exhibit P6 TRUE COPY OF THE FIRST PASSPORT Exhibit P7 TRUE COPY OF THE THIRD PASSPORT Exhibit P8 TRUE COPY OF THE APPLICATION OR REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit P8(A) TRUE COPY OF THE POSTAL RECEIPT DATED 26.11.2024 BEARING POSTAL TRACKING NUMBER EL485911125IN ISSUED BY INDIA POST Exhibit P8(B) TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DATED 28.11.2024 Exhibit P9 TRUE COPY OF THE APPLICATION OR REPRESENTATION SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P9(A) TRUE COPY OF THE POSTAL RECEIPT DATED 26.11.2024 BEARING POSTAL TRACKING NUMBER EL485911111IN ISSUED BY INDIA POST Exhibit P9(B) TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DOWNLOADED FROM THE INDIAPOST WEBSITE DATED 31.01.2025 Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.19545 OF 2023 DATED 03.07.2023