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Kerala High Court

Raison Palathingal vs First Secretary / Sr.Pps on 16 February, 2013

Author: Babu Mathew P.Joseph

Bench: Babu Mathew P.Joseph

       

  

  

 
 
                            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                               PRESENT:

                    THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH

                    TUESDAY, THE 14TH DAY OF MAY 2013/24TH VAISAKHA 1935

                                      WP(C).No. 12292 of 2013 (J)
                                         ----------------------------

PETITIONER :
--------------------

            RAISON PALATHINGAL
            S/O.PALATHINGAL DEVASSYKUTTY, CHAIPAMKUZHI.P.O.
            THRISSUR, KERALA- 680 724, NOW RESIDING AT 33C
            CAMPBELL STREET, FRANKTON HAMILTON, NEW ZEALAND
            REPRESENTED BY HIS BROTHER RAIGON
            S/O.PALATHINGAL DEVASSYKUTTY, CHAIPAMKUZHI.P.O.
            THRISSUR, KERALA. 680 724.

            BY ADVS.SRI.SHEEJO CHACKO
                          SRI.SANGEETH C. SUBRAMANIAN
                          SRI.P.JINISH PAUL

RESPONDENT(S):
----------------------------

        1. FIRST SECRETARY / SR.PPS
            HIGH COMMISSION OF INDIA, WELLINGTON, NEW ZEALAND.

        2. THE REGIONAL PASSPORT OFFICER
            PANAMPILLY NAGAR, KOCHI-682 036.

        3. UNION OF INDIA
            REPRESENTED BY ITS SECRETARY
            MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110 001.

            BY ADV. SRI.P.PARAMESWARAN NAIR, ASGI


            THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
            ON 14-05-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


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WP(C).No. 12292 of 2013 (J)
---------------------------------------

                                                     APPENDIX

PETITIONERS' EXHIBITS :
-------------------------------------

EXT.P1-              THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE
                     PETITIONER.

EXT.P2-              THE TRUE COPY OF THE WORK VISA AND WORK PERMIT ISSUED TO THE
                     PETITIONER.

EXT.P3-              THE TRUE COPY OF THE BIRTH CERTIFICATE DATED 16.2.2013 ISSUED
                     BY THE REGISTRAR OF BIRTH AND DEATHS AND MARRIAGES,
                     KODASSERY GRAMA PANCHAYAT.

EXT.P4-              THE TRUE COPY OF THE PROCEEDINGS OF THE JOINT COMMISSIONER
                     FOR GOVERNMENT EXAMINATIONS.

EXT.P5-              A TRUE COPY OF THE RELEVANT PAGE OF THE SECONDARY SCHOOL
                     LEAVING CERTIFICATES OF THE PETITIONER.

EXT.P6-              TRUE COPY OF THE APPLICATION FOR CHANGE OF DATE OF BIRTH AND
                     PLACE OF BIRTH FILED BY THE PETITIONER.

EXT.P7-              THE TRUE COPY OF THE POWER OF ATTORNEY DATED 29.1.2013 IS
                     PRODUCED HEREWITH.

RESPONDENTS' EXHIBITS :                        NIL
----------------------------------------------------


                                                                       //TRUE COPY//



                                                                       P.A. TO JUDGE

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                BABU MATHEW P. JOSEPH, J.
             ---------------------------------------
                W.P.(C) No. 12292 of 2013
             ----------------------------------------
           Dated this the 14th day of May, 2013

                           JUDGMENT

This writ petition is filed for a direction to the first respondent to receive Ext.P6 application for correcting the date of birth and place of birth of the petitioner in his Passport.

2. Learned Assistant Solicitor General takes notice for respondents 1 to 3. Heard both the sides.

3. Learned counsel for the petitioner submits that the date of birth of the petitioner has been corrected in his SSLC by the competent authority. Therefore, necessary correction has to be effected in his Passport as well. The petitioner's place of birth is also wrongly noted in his Passport. That also has to be corrected in the light of his Birth Certificate. For these purposes, the petitioner has submitted Ext.P6 application before the first respondent. But, the first respondent has not received the same. Therefore, he prays for issuing a direction to the first respondent for accepting Ext.P6 application and considering the same in the light of the relevant documents. Having heard both the sides, W.P.(C) No. 12292 of 2013 -2- this Court is satisfied that a direction as prayed for by the learned counsel for the petitioner can be issued to the first respondent.

4. Therefore, the first respondent is directed to receive Ext.P6 application submitted by the petitioner and consider the same for the purpose of correcting his date of birth and place of birth in his Passport in the light of relevant documents as expeditiously as possible, at any rate, within a period of thirty days from the date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

BABU MATHEW P. JOSEPH, JUDGE.

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