Vinod Damodharan Vs. the Passport Officer - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY,THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 WP(C).No. 2049 of 2014 (E) --------------------------- PETITIONER(S): -------------------------- VINOD DAMODHARAN AGED39YEARS S/O.DAMODHARAN, KARMMEL HOUSE, MANJADI P.O THIRUVALLA, PATHANAMTHITTA DIST, PIN.689 105 BY ADV. SMT.BINDU GEORGE. RESPONDENT(S): ---------------------------- THE PASSPORT OFFICER PASSPORT OFFICE, THIRUVANANTHAPURAM, PIN.695 001. BY SRI.P.PARAMESWARAN NAIR, ASG OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2049 of 2014 (E) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - COPY OF THE PASSPORT NO. E709053 OF THE PETITIONER. EXT.P2 - COPY OF THE SSLC BOOK OF THE PETITIONER. EXT.P3 - COPY OF THE AADHAAR CARD ISSUED BY GOVT. OF INDIA OF THE PETITIONER. EXT.P4 - COPY OF THE PAN CARD ISSUED BY THE INCOME TAX DEPARTMENT, GOVT. OF INDIA OF THE PETITIONER. EXT.P5 - COPY OF THE ELECTION IDENTITY CARD OF THE PETIIONER, EXT.P6 - COPY OF THE ONLINE APPLICATION RECEIPT DATE1212-2013 OF THE PETITIONER. EXT.P7 - COPY OF THE APPOINTMENT LETTER OF THE PETITIONER. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE VPV P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C). No.2049 of 2014 ---------------------------------------- Dated this the 11th day of February, 2013 JUDGMENT

The petitioner has approached this Court with the following prayers: "i. Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondent to issue a fresh passport with correct entries as shown in Exhibit P2 to Exhibit P5. ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondent to made appropriate corrections in the passport of the petitioner as expeditiously as possible." 2. The case of the petitioner is that, the actual date of birth of the petitioner is 18.4.1974 as per Ext.P2 school record. However his date of birth is shown wrongly in his passport as 18.4.1970 and the petitioner filed Ext.P6 application before the respondent to have it corrected. But the respondent rejected the application on the ground that he has power to carry out correction only if the date of birth correction is two years or less and hence the petitioner seeks immediate intervention of this Court for redressal of the grievance.

3. The learned counsel for the petitioner relies upon the judgment of this Court in Swapna Siju Vs. Union of India (2012 (4) KLT419 in support of the position that, as far as the applicants born before 26.01.1989 are concerned, copy of extract of the SSLC book can be relied on for correction of date of birth without insisting for birth certificate.

4. The learned Central Government Counsel appearing for the respondents submits that petitioner will have to file an on-line application along with an affidavit explaining how the mistake has occurred.

5. In the said circumstances, the petitioner is relegated to file an on-line application for correction of date of birth along with an affidavit and the documents relied upon by the petitioner, on which event, the same shall be accepted and considered by the respondents, passing appropriate orders within a period of three weeks. The Writ Petition is disposed of. Sd/- P.R. RAMACHANDRA MENON, JUDGE. vpv