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Kerala High Court

Joseph Chacko vs First Secretary/Sr.Pps on 21 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. 12291 of 2013 (J)
                      ----------------------------

PETITIONER(S):
--------------

       JOSEPH CHACKO,
       S/O CHACKO V.P., VENATTU HOUSE, KUTTIKADU P.O.
       THRISSUR, NOW RESIDING AT 36A, ERICPATON WAY
       ST.JOHNES, AUKLAND
       REPRESENTED BY BORTHER-CUM-POWER OF ATTORNEY HOLDER
       BINU CHACKO, VENATT HOUSE, KUTTIAKADU P.O.

       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,
            PANAMPILLAY NAGAR, KOCHI-682 036.

          3. UNION OF INDIA,
            REPRESENTED BY ITS SECRETARY
            MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110001.

        SRI.P.PARAMESWARAN NAIR,ASG OF INDIA

        THIS WRIT PETITION (CIVIL)    HAVING COME UP FOR ADMISSION ON
14-05-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12291 of 2013 (J)
----------------------------

                                APPENDIX

PETITIONER(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: TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR
OF BIRTHS AND DEATHS AND MARRIAGES OF KODASSERY GRAMA PANCHAYAT.

EXHIBIT P3: THE TRUE COPY OF THE ORDER DATED 21.2.2013 OF THE JOINT
COMMISSIONER FOR GOVERNMENT EXAMINATIONS.

EXHIBIT P4: TRUE COPY OF THE RELEVANT PAGE OF THE SECONDARY SCHOOL
LEAVING CERTIFICATE OF THE PETITIONER.

EXHIBIT P5: THE TRUE COPY OF THE WORK VISA ISSUED TO THE PETITIONER.

EXHIBIT P6: A TRUE COPY OF THE APPLICATION TO PROCESS HIS APPLICATION
FOR CORRECTION OF DATE OF BIRTH.

EXHIBIT P7: TRUE COPY OF THE POWER OF ATTORNEY DEED ATTESTED IN THE
HIGH COMMISSION OF INDIA, WELLINGTON.

RESPONDENT(S)' EXHIBITS : NIL


                             //TRUE COPY//


                              PA TO JUDGE.

+BKA



                BABU MATHEW P. JOSEPH, J.
             ---------------------------------------
                 W.P.(C) No. 12291 of 2013
             ----------------------------------------
          Dated this the 14th day of May, 2013

                          JUDGMENT

This writ petition is filed for a direction to the first respondent to accept and consider Ext.P6 application submitted by the petitioner for changing his date of birth in his Passport.

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

3. Learned counsel for the petitioner submits that the date of birth noted in the SSLC of the petitioner has been corrected by the competent authority. Therefore, necessary correction has to be effected in his Passport as well. For that purpose, the petitioner has preferred Ext.P6 application before the 1st respondent. But, the 1st respondent has not accepted Ext.P6 application. He prays for issuing a direction to the frist respondent for accepting and considering Ext.P6 application. Having heard both the sides, this Court is satisfied that a direction as prayed for by the learned counsel for the petitioner can be issued in this case.

W.P.(C). No. 12291 of 2013 -2-

4. Therefore, the first respondent is directed to receive Ext.P6 application and consider the same for the purpose of changing the date of birth in the Passport of the petitioner on the basis of the correction effected by the competent authority in his SSLC Book based on his Birth Certificate as expeditiously as possible, at any rate, within a period of one month form the date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

BABU MATHEW P. JOSEPH, JUDGE.

Kp/-