Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 13TH DAY OF JUNE 2024 / 23RD JYAISHTA, 1946 WP(C) NO. 7955 OF 2023 PETITIONER: SHEREEF, AGED 38 YEARS S/O TIRUTHIYIL HAMZA, UPPATHIL HOUSE, OZHUR P.O., KORAD, THANALUR VIA, MALAPPURAM, PIN - 676307 BY ADVS. SHABU SREEDHARAN SIDHARTHAN V.K. ABDUL HAMEED (NALAKATH) S.DHEERENDRAKUMAR GOKUL R.NAIR S.SIVACHALAM RESPONDENT: THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, ERANHIPPALAM P.O., KOZHIKODE, PIN - 673006 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:
N. NAGARESH, J.
````````````````````````````````````````````````````````````` W.P.(C) No.7955 of 2023 ````````````````````````````````````````````````````````````` Dated this the 13th day of June, 2024
JUDGMENT
The petitioner, who is holder of an Indian Passport, seeks to command the respondent to enter the correct date of birth of the petitioner in Ext.P4 Passport as 18.05.1984, instead of 27.11.1980.
2. The petitioner states that he has passed SSLC.
When he was a minor, his maternal grandmother obtained Passport to the petitioner engaging an agent. The date of birth of the petitioner was recorded in the Passport as 27.11.1980. The correct date of birth is 18.05.1984.
3. After passing SSLC and a course in AC mechanism, the petitioner went to Muscat in the year 2003. Now the petitioner is running his own business of sale and :3: service of AC in Muscat.
4. The petitioner states that all official records bear his correct date of birth 18.05.1984. The Passport alone
contains a wrong date of birth. When the petitioner approached the respondent for correction of date of birth, the respondent refused to entertain the application. Hence, the petitioner is before this Court.
5. The Deputy Solicitor General of India resisted the writ petition filing a statement on behalf of the respondent. On behalf of the respondent, it is submitted that the petitioner's claim for date of birth is not bona fide. The petitioner has been holding Passport all these years with the same date of birth. The petitioner has obtained Passport
forging documents. The petitioner has enjoyed all the benefits of an anti dated date of birth. The petitioner ought to have taken steps to correct the Passport long ago.
6. I have heard the learned counsel for the petitioner and the learned Deputy Solicitor General of India-in-Charge representing the respondent. :4:
7. The petitioner's case is that his Passport was applied for and taken by the grandmother engaging an agent. In the Passport, the date of birth was erroneously
recorded as 27.11.1980. The correct date of birth of the petitioner is 18.05.1984. The wrong date of birth entered in the Passport of the petitioner causes undue hardship to the petitioner.
8. Ext.P5 is the Driving Licence issued to the
petitioner. Ext.P5 would show that the recorded date of birth of the petitioner is 18.05.1984. Ext.P6 is a copy of Aadhaar Card of the petitioner. Ext.P6 also bears the date of birth 18.05.1984. Ext.P7 is the Pan Card of the petitioner which also shows the date of birth of the petitioner as 18.05.1984.
9. When all available official documents of the
petitioner show the date of birth as 18.05.1984, I find no reason to disbelieve the statement of the petitioner that his correct date of birth is 18.05.1984. Admittedly, the petitioner is now doing business of sale and service of AC in Muscat holding an investor Visa. Therefore, correction of date of :5: birth in Passport is not likely to give any undue advantage to the petitioner in the matter of employment. In such circumstances, I find that the date of birth of the petitioner should be corrected in the Passport bringing it in tune with other official records, in the interest of justice. The writ petition is therefore disposed of directing the respondent to enter the correct date of birth of the petitioner in Ext.P4 Passport as 18.05.1984, if the petitioner satisfies all other parameters.
Sd/- N. NAGARESH, JUDGE aks/25.07.2024 :6: APPENDIX OF WP(C) 7955/2023 PETITIONER'S EXHIBITS Exhibit-P1 THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, OZHUR GRAMA PANCHAYAT DATED Exhibit-P2 THE TRUE COPY OF THE RELEVANT PAGE OF HIS SSLC BOOK OF THE PETITIONER Exhibit-P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT WITH NO. K3690750 Exhibit-P4 THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT WITH NO. W0288839 Exhibit-P5 THE TRUE COPY OF THE DRIVING LICENSE OF THE PETITIONER ISSUED ON 04/02/2010 Exhibit-P6 THE TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER DATED NIL Exhibit-P7 THE TRUE COPY OF THE PAN CARD OF THE PETITIONER