Kerala High Court
Thomas Manoj Vellara Jose vs The Union Of India on 22 October, 2013
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 22ND DAY OF OCTOBER 2013/30TH ASWINA, 1935
WP(C).No. 23778 of 2013 (V)
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PETITIONER(S):
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THOMAS MANOJ VELLARA JOSE,
S/O. VELLARA VARUTHYNNY JOSE, RESIDING AT 833-C,
VELLARA HOUSE, DIVINE VALLEY VILLA,
RAJAGIRI VALLEY P.O., KAKKANAD,
ERNAKULAM DISTRICT-682 039.
BY ADV. SRI.E.D.GEORGE
RESPONDENT(S):
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1. THE UNION OF INDIA,
REPRESENTED BY SECRETARYTO GOVERNMENT,
MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA,
NEW DELHI-110 001.
2. THE REGIONAL PASSPORT OFFICER,
PASSPORT OFFICE, PANAMPILLYNAGAR P.O., KOCHI-682 036.
BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22-10-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WP(C).No. 23778 of 2013 (V)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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P1 : COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED TO
THE PETITIONER.
P2 : COPY OF THE RELEVANT PAGE OF PASSPORT BEARING NO.G.8161769 ON
7.4.2008.
P3 : COPY OF THE BIRTH CERTIFICATE ISSUED BY THE CHIEF REGISTRAR OF
BIRTH AND DEATH, GOVERNMENT OF KARNATAKA.
P4 : COPY OF THE APPLICATION DTD.14.9.2013 SUBMITTED BY THE PETITIONER
THROUGH THE ONLINE FOR FRESH PASSPORT FOR CORRECTING THE
PLACE OF BIRTH AS BANGALORE INSTEAD OF GURUVAYOOR.
P5 : COPY OF THE AFFIDAVIT OF THE PETITIONER ATTESTED BY A NOTARY.
RESPONDENT(S)' EXHIBITS:
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/TRUE COPY/
P.A.TO JUDGE
Kss
P.R.RAMACHANDRA MENON, J.
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W.P.(c) No.23778 OF 2013
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Dated this the 22nd day of October, 2013
JUDGMENT
The petitioner was the holder of passport bearing No. A4733669 and on expiry, it was revalidated and passport bearing No.G.8161769 was issued to the petitioner on 7.4.2008. The grievance of the petitioner is with regard to the wrong entry as to the native place shown in Ext.P1, as 'Guruvayur', which actually ought to have been 'Bangalore', as revealed from Ext.P3 Birth Certificate issued by the Registrar of Birth and Death, Government of Karnataka.
2. The learned counsel for the petitioner points out with reference to the pleadings and materials on record that, the place of birth of the petitioner came to be shown as 'Guruvayur' based on the entry in Ext.P1 SSLC Book, wherein the 'native place' is shown as 'Guruvayur'. As a matter of fact, the petitioner was born in Bangalore. The fact is sought to be substantiated with reference to Ext.P3 Birth Certificate. In the said circumstances, the petitioner filed Ext.P4 W.P.(C)No.23778/2013 2 application for causing the same to be corrected through online, also submitting Ext.P5 affidavit, duly attested by a Notary, as to the actual facts and figures. The inaction on the part of the respondents made the petitioner to approach this Court by filing this writ petition.
3. Heard the Central Government counsel as well, who submits on the basis of the statement filed that, the entry with regard to the place of birth shown as 'Guruvayur' was never disputed from the part of the petitioner at any point of time till Ext.P4 application was filed. The passport issued originally was subsequently renewed at different points of time. It was in the said circumstance, that the petitioner was sought to obtain a declaratory order from the competent Civil Court, more so in view of the contents of the Circular dated 22/08/2008. It is also stated in the said statement that, as and when the petitioner approaches the second respondent with necessary documents, also satisfying the necessary requirements, the request of the petitioner to effect correction will definitely be considered.
4. After hearing both the sides and on going through the pleadings and proceedings, this Court finds that the place of birth of the W.P.(C)No.23778/2013 3 petitioner has been duly certified by the competent authorities vide Ext.P3, where it is shown as 'Bangalore'. The entry in Ext.P1 SSLC is only with regard to the native place shown as 'Guruvayur' which is entirely different from the place of birth and need not necessarily be the same in all circumstances. The correctness of the certificate, of course, is a matter which is to be enquired into by the second respondent before considering the relief sought for by virtue of the contents of the relevant Circulars referred to in the decisions reported in 2008(1) KHC 918 ( Aboo Chettiyanthodi v. Regional Passport Officer, Malappuram) and 2011( 3) KHC 561 ( Raveendran Pillai G. v. Vice Consul, Consulate General of India, Dubai, UAE and another). This Court finds that this is a matter which requires to be considered by the second respondent; especially with regard to the genuineness of Ext.P3 certificate and to take necessary steps to have the grievance of the petitioner redressed.
5. In the said circumstances, the writ petition is disposed of, directing the second respondent to consider Ext.P4 application preferred by the petitioner for correction of 'place of birth' in the W.P.(C)No.23778/2013 4 passport and it is open for the second respondent to conduct proper enquiry to ascertain the genuineness of Ext.P3 and take necessary steps for causing the place of birth to be corrected as 'Bangalore', if Ext.P3 certificate is genuine. The proceedings as above shall be finalised, at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.
The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the second respondent for further steps.
P.R.RAMACHANDRA MENON JUDGE sv.
W.P.(C)No.23778/2013 5