Kerala High Court
Vishnu Prasad G vs Union Of India
Author: P.B. Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 25TH DAY OF MAY 2016/4TH JYAISHTA, 1938
WP(C).No. 17503 of 2016 (K)
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PETITIONER(S):
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VISHNU PRASAD G, AGED 31 YEARS
S/O.GOPINATHAN NAIR, SIVALAYAM,
C.S.I. COMPOUND, KUTTUCHAL.P.O.,
THIRUVANANTHAPURAM-695 574,
PRESENTLY RESIDING AT ARA 256, KOKKADU HOUSE,
AMMA VEEDU LANE, VANCHIYOOR.P.O.,
THIRUVANANTHAPURAM CITY- 695 035.
BY ADVS.SRI.K.S.MADHUSOODANAN
SRI.M.M.VINOD KUMAR
SRI.P.K.RAKESH KUMAR
SRI.K.S.MIZVER
RESPONDENT(S):
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1. UNION OF INDIA
TO BE REPRESENTED BY SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS, C.T.V. DIVISION,
TV-1 SECTION, PATIALA HOUSE ANNEX, GOVERNMENT OF INDIA,
NEW DELHI.
2. REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, KAITHAMUKKU,
THIRUVANANTHAPURAM.
BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25-05-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 17503 of 2016 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1: PHOTOCOPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE
PETITIONER.
P2: PHOTOCOPY OF THE RELEVANT PAGE OF PASSPORT OF THE PETITIONER.
P3: PHOTOCOPY OF THE RELEVANT PAGE OF PASSPORT OF THE PETITIONER
VALID UP TO 16.7.2015.
P4: PHOTOCOPY OF THE LETTER DATED 23.4.16 OFFERING EMPLOYMENT AT
NORTHAMPTON GENERAL HOSPITAL, U.K.
P5: PHOTOCOPY OF THE BIRTH CERTIFICATE SHOWING THE DATE OF BIRTH IS
29.4.1985 ISSUED ON 6.5.16.
P6: PHOTOCOPY OF THE APPLICATION TO 2ND RESPONDENT FOR CORRECTION
OF DATE OF BIRTH.
P7: PHOTOCOPY OF THE JUDGMENT IN W.P[C] 599/16 DATED 9.3.2016 OF THE
HON'BLE HIGH COURT.
P8: PHOTOCOPY OF THE ONLINE APPOINTMENT RECEIPT WITH REJECTION
ORDER.
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.B. SURESH KUMAR, J.
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W.P.(C).No. 17503 of 2016
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Dated 25th May, 2016
J U D G M E N T
The grievance of the petitioner is that his request for correction of the entries relating to date of birth, place of birth and the name of his mother in the passport is not being entertained by the authorities under the Passport Act mainly on the ground that he has not applied for correction of the entry relating to date of birth within five years from the date of issue of the passport.
2. The learned Assistant Solicitor General appearing for the respondents attempted to justify the stand of the authorities relying on Office Memorandum No.VI/401/2/5/2001 dated 26.11.2015 issued by the Central Government. According to him, correction of the entries in the passport is now governed by the said Office Memorandum which provides that application for correction shall be submitted within five years from the date of issue of the passport. As regards the entry relating to place of birth, the learned Assistant Solicitor General stated that the respondents are prepared WPC 17503/16 2 to correct the same if a request is made for the said purpose. As regards the entry relating to the name of the mother also, the learned Assistant Solicitor General submitted that if a request is made for the said purpose with supporting materials, the same can be considered.
3. This Court in W.P.(C) No.7274 of 2016 and connected cases, took the view that the Office Memorandum relied on by the respondents shall not stand in the way of the passport authorities entertaining genuine applications for correction of the entries in the passport relating to date of birth. In the light of the judgment of this Court in the said batch of cases, I deem it appropriate to direct the authorities under the Passport Act to consider the request of the petitioner for correction as regards the entry relating to the date of birth as directed in the said cases. In the light of the submissions made by the learned Assistant Solicitor General, I also deem it appropriate to direct the authorities under the Passport Act to consider the requests of the petitioner for correction of the entries in his passport relating to his place of birth as also the name of his mother.
In the result, the writ petition is allowed and the second WPC 17503/16 3 respondent is directed to consider the requests of the petitioner for correction of the entries in the passport within three weeks from the date of receipt of a copy of this judgment. The petitioner is at liberty to place materials before the Passport Officer to establish the genuineness of the requests. The Passport Officer shall carry out the corrections requested, if the requests are found to be genuine. The petitioner is at liberty to produce a certified copy of this judgment for compliance before the Passport Officer.
Sd/-
P.B. SURESH KUMAR, JUDGE.
tgs (true copy)