Madras High Court
V.M.Amarnath vs The Passport Officer on 3 September, 2012
Author: K.Chandru
Bench: K.Chandru
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03/09/2012 Coram THE HON'BLE MR.JUSTICE K.CHANDRU Writ Petition (MD).No.11200 of 2012 V.M.Amarnath ... Petitioner Vs The Passport Officer, Passport Office, Ministry of External Affairs, Government of India Bharathi Ula Veethi, Race Course Road, Madurai-625 002. ... Respondent Prayer Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to rectify the petitioner's date of birth as 02.01.1984 instead of 02.01.1983 in his passport bearing No.H 5738117. !For Petitioner... Mr.V.Chandrasekar ^For respondent... Mr.G.Thalaimutharasu Senior Central Government Standing Counsel :ORDER
The writ petition is filed by the petitioner seeking for a direction to the respondent/Passport Officer, Madurai, to rectify the petitioner's date of birth as 02.01.1984 instead of 02.01.1983 in his passport bearing No.H 5738117.
2.When the writ petition came up for hearing on 16.08.2012, this Court directed Mr.Thalaimutharasu, the learned Senior Standing counsel for Central Government to get instructions. Accordingly, a counter affidavit has been filed by the respondent dated 28.03.2012 and in the counter affidavit, it was stated that the petitioner's application for passport contains the date of birth as 02.01.1983, but, all the documents submitted along with the application contain the date of birth as 02.01.1984. It is further stated that the difference in the date of birth was not noted and thereafter, the passport was issued showing his date of birth as 02.01.1983. Very fairly, the respondent had admitted that the mistake is on both sides and both are responsible for the error. In paragraph Nos.5 and 6, the respondent has averred as follows:
"5.It is submitted that the petitioner may submit a fresh application mentioning his correct date of birth 02.01.1984 on the application along with required documents and an explanation for wrongly mentioning his date of birth in his previous application.
6.It is submitted that once the petitioner submit a fresh application, the same will be considered for issue of passport with correct date of birth as per rules provided the application is otherwise complete in all respects."
3.But, however, this Court is not inclined to direct the petitioner to send a fresh application for passport, since the date of birth namely 02.01.1983 has been erroneously mentioned in the application by the petitioner himself and equally, the respondent has not verified the same with the other supporting documents. In the present case, the respondent has admitted the mistake on their part.
4.The respondent has got power under the Passport Act, 1967 r/w Section 21 of General Clauses Act, 1897. Since the passport Officer exercises the statutory function under the Passports Act, 1967, he will also exercise his power under Section 21 of the General Clauses Act, 1987, which reads as follows:
21.Power to issue, to include power to add to, amend, vary or rescind, notifications, orders, rules or bye-laws:- Where, by any [Central Act] or Regulation, a power to [issue notifications], orders, rules, or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add, amend, vary or rescind any [notifications], orders, rules or bye-laws so [issued]."
5.In the light of the above, the respondent is directed to consider the petitioner's representation dated 06.07.2012 and correct the passport entry regarding the date of birth of the petitioner from 02.01.1983 to 01.01.1984 and issue correct passport. This Court is passing this order only because of the fact that the existing passport is having valid till 08.06.2019 and it is unnecessary to submit another application for a fresh passport. It will not only amount to extra energy but also extra cost on the side of the petitioner.
6.Hence, this writ petition stands disposed of accordingly. No order as to costs.
vs To The Passport Officer, Passport Office, Ministry of External Affairs, Government of India Bharathi Ula Veethi, Race Course Road, Madurai-625 002.