Kerala High Court
Jayesh Thilakan vs First Secretary/Sr Pps on 22 November, 2018
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940
WP(C).No. 9731 of 2018
PETITIONER:
JAYESH THILAKAN
AGED 30 YEARS, S/O. THILAKAN, RESIDING AT AMBADI
HOUSE, NADAKKAL, KALLUVATHUKKAL P.O., KOLLAM
DISTRICT, REP.BY BROTHER CUM POWER OF ATTORNEY HOLDER
RAJESH THILAKAN, AGED 25 YEARS, RESIDING AT AMBADY
HOUSE, KALLUVATHUKKAL P.O., KOLLAM DISTRICT, PIN -
691 578.
BY ADVS.
K.NARAYANAN
SRI.DENNY DEVASSY
RESPONDENTS:
1 FIRST SECRETARY/SR PPS
HIGH COMMISSION OF INDIA, WELLINGTION, NEW ZEALAND,
PIN - 6021.
2 CONSULAR SERVICES HIGH COMMISSION OF INDIA
RANCHHOT TOWER, LEVEL II, 102-112 LAMBTON QUAY,
P.O.BOX 4045 WELLINGTON, PIN - 6021.
3 REGIONAL PASSPORT OFFICER
TRIVANDRUM, PIN - 695 023.
4 UNION OF INDIA
REP.BY ITS SECRETARY MINISTRY OF ETERNAL AFFAIRS, NEW
DELHI - 110 001.
BY ADV. SMT.C.G.PREETHA, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 9731 of 2018
2
JUDGMENT
The petitioner prays that the date of birth shown in his passport be corrected as 11/08/1988. According to the petitioner, his earlier passport was issued to him when he was seven years of age and that it is on account of some inadvertent mistake committed by his guardians that his passport shows his date of birth as 20/05/1998. On such basis, he prays, that the competent Passport Authority be directed to accept Ext.P5 application made by him, seeking correction of his date of birth in his passport.
2. The learned Central Government Counsel, however, submits that the real issue involved in this case is not merely the correction of the passport of the petitioner but that the Passport Authority has been given two different birth certificates by the petitioner, issued by the same Registering Authority; one of which shows his date of birth as 11/08/1988 and the other as 20/05/1988. The learned counsel submits that unless the petitioner is able to show which of these certificates are valid, the concerned Authority will not be in a position to move an inch forward with his application for correction of date of birth in the Passport.
3. On a consideration of the afore submissions made on behalf of the Passport Authority, I am of the view that the learned Central Govt. Counsel WP(C).No. 9731 of 2018 3 is correct in making the assertion that since the petitioner seems to be holding two certificates, from the same Registering Authority with respect to his birth, it will not be safe to direct the competent Authority to act upon either of them, until the petitioner is able to obtain a valid proceedings from the Registering Authority indicating which of these two certificates are genuine and as to why the other certificate was issued with a wrong date of birth. It is only if the petitioner is able to obtain such a proceedings from the Registering Authority, can I direct the Passport Authority to consider his application for change of date of birth. This is more so because, if his birth certificate showing the date of birth of the petitioner as 20/05/1988 is found to be the genuine one, then obviously his application for correction of passport would not lie. In other words, it is only if the competent Registering Authority declares that the certificate showing the petitioner's date of birth as 11/08/1988 is the correct one, can the petitioner obtain locus to apply for correction.
4. In the afore circumstances, I close this writ petition without issuing any orders; however, leaving liberty to the petitioner to approach the competent Registering Authority to obtain proceedings/order as to the validity of either of the two certificates that he has produced before the WP(C).No. 9731 of 2018 4 Passport Authority and if such a proceedings is issued by the competent Registering Authority, then the petitioner will be at further liberty to produce it, along with a fresh application for correction of date of birth in the passport, to the competent Passport Authority who will then consider the same in terms of law and in terms of the provisions of the Indian Passport Act.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE Ns WP(C).No. 9731 of 2018 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY REGISTER OF BIRTH AND DEATH AND SECRETARY OF ADICHENALLOOR GRAMA PANCHAYAT.
EXHIBIT P3 THE TRUE COPY OF THE ORDER BEARING NO.
J(3)20991/2017/CGE DATED 06.06.2017.
EXHIBIT P4 THE TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 10.07.2017.
EXHIBIT P5(A) TRUE COPY OF THE EMAIL COMMUNICATION DATED 07.11.2017.
EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT W.P.
(C)12291/2013 ON THE FILES OF THIS HON'BLE.
EXHIBIT P7 TRUE COPY OF THE POWER OF ATTORNEY DATED
29.11.2017 ATTESTED IN THE HIGH COMMISSION
OF INDIA WELLINGTON.