Kerala High Court
Sirajudeen.M vs The Regional Transport Officer on 31 May, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 31ST DAY OF MAY 2019 / 10TH JYAISHTA, 1941
WP(C).No. 14372 of 2019
PETITIONER/S:
SIRAJUDEEN.M, AGED 49 YEARS
S/O. MUHAMMED EBRAHIM, AFSAL MANZIL,
PULIMOODU, VEYKAL, KAITHODU P.O.,
KOLLAM RURAL 691 535, KERALA INDIA.
BY ADVS.
SRI.G.BHAGAVAT SINGH
SHRI.SUNDARESAN N.K.
RESPONDENT/S:
1 THE REGIONAL TRANSPORT OFFICER
THIRUVANANTHAPURAM 695 024.
2 UNION OF INDIA, REPRESENTED BY THE SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
GOVERNMENT OF INDIA, NEW DELHI 110 011.
BY ADVS.
SRI.K.R.RAJKUMAR, C.G.C.
SRI.JAYASNKER NAIR-CGC,
SMT.REKHA C.NAIR-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 14372/19
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JUDGMENT
The petitioner's grievance in this writ petition is that even though he has made a proper and valid application for correction of his passport, as is evidenced by Ext.P3, the competent Passport Authority is refusing to consider the same, insisting that he must obtain an order from this Court.
2. The learned Central Government Counsel, Sri.Jayasankar Nair, submits that the petitioner's allegation is not correct and that the Passport Authority will consider his application in terms of law, adding that such consideration may be left to the said Authority to be done in terms of the applicable circulars and orders. He says that necessary action in this regard will be completed by the Passport Authority within a period of one month from the date of receipt of a copy of this judgment.
3. On hearing the learned Central WPC 14372/19 3 Government Counsel as afore, the learned counsel for the petitioner, Sri.G.Bhagavat Singh, submits that his client has been waiting for the correction of his passport for a long time and prays that the Passport Authority be directed to consider the application affirmatively within a time frame to be fixed by this Court, after adverting to Exts.P2 and P4 certificates.
In the afore circumstances, I order this writ petition and direct the 1st respondent to take up Ext.P3 application and dispose of the same, adverting to Exts.P2 and P4 certificates; and if necessary, after affording an opportunity of being heard to the petitioner, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
I make it clear that I have not considered the entitlement of the petitioner to any of the reliefs sought for in this Writ Petition and I WPC 14372/19 4 leave it to the 1st respondent to take an appropriate decision in terms of law appropriately.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 14372/19
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTO COPY OF THE RELEVANT PAGES OF
THE PASSPORT OF THE PETITIONER BEARING NO. M 7543683.
EXHIBIT P2 PHOTO COPY OF THE EXTRACT OF THE SCHOOL ADMISSION REGISTER ISSUED BY THE HEADMISTRESS.
EXHIBIT P3 COPY OF THE APPLICATION FOR RE-
ISSUANCE OF THE PASSPORT AFTER CORRECTING THE DATED OF BIRTH SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P4 COPY OF THE BIRTH CERTIFICATE ISSUED BY THE SECRETARY, NILAMEL GRAMA PANCHAYAT DATED 26.12.18