IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.214 OF 2021(B)
PETITIONER:
ELSAMMA JOHN, AGED 61 YEARS
W/O SUNNY JOHN, KALLUVILA MOUNT MARY,
BHARANIKAVU SOUTH P.O, KATTANAM,
MAVELIKKARA, ALAPPUZHA - 690 503
BY ADV. SRI.K.V.SABU
RESPONDENTS:
1. THE REGIONAL PASSPORT OFFICER
PANAMPILLY NAGAR, KOCHI - 36
2. UNION OF INDIA, REPRESENTED BY THE
SECRETARY TO GOVERNMENT, FOREIGN AFFAIRS,
NEW DELHI - 110 001.
3. CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.JAYASANKAR NAIR - CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 214/21
2
JUDGMENT
The petitioner has approached this Court with a plea that her representation, namely Ext.P12, preferred before the 1st respondent- Regional Passport Officer, seeking correction of the name of her husband in her passport, be directed to be taken up and disposed of at the earliest.
2. Sri.K.V.Sabu - learned counsel for the petitioner, submitted that the petitioner's husband's name is Sri.Sunny John, but that on account of an inadvertent error, her passport records the same as Sri.James John, which is his christen name and not his official name. He submitted that she has produced Exts.P2 to P6 documents, which would ineluctably show that her husband's name is Sunny John and therefore, prays that Ext.P12 be directed to be taken up and disposed of at the earliest.
3. In response, Sri.Jayasanker Nair - WPC 214/21 3 learned Central Government Counsel, submitted that if the petitioner requires a correction of the entries in her passport, she will have to make an on-line application through the internet portal of the Passport Authority and that if she does so, she will be given an opportunity of being personally heard, before a decision thereon is taken. He added that if the petitioner is able to convince the competent authority that the error in the passport is only inadvertent, then necessary action in terms of the Passport Act can be taken without any avoidable delay.
4. On hearing Sri.Jayasanker Nair as afore, Sri.K.V.Sabu - learned counsel for the petitioner, submitted that since his client is over 61 years in age and since she has no one else to lend support to her - her husband and son being presently abroad - she may be allowed the benefit of an authorised person to WPC 214/21 4 accompany her during the hearing.
Taking note of the afore submissions, I order this writ petition and leave liberty to the petitioner to make an appropriate on-line application for correction of the entries in her passport; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, the 1st respondent or such other competent Authority will consider the same, after affording her an opportunity of being heard as expeditiously as is possible, but not later than a period of two weeks from the date of receipt of such application.
Needless to say, when the petitioner is given the opportunity of being heard in terms of the afore directions, she will also have the liberty to produce all the relevant documents in support of her claim before the competent Authority and further to be WPC 214/21 5 accompanied by a person of her choice, who can assist her.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 214/21
6
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A COPY OF THE RELEVANT PAGES OF
PASSPORT OF THE PETITIONER.
EXHIBIT P2 A COPY OF THE RATION CARD OF THE
PETITIONER.
EXHIBIT P3 A COPY OF AADHAR CARD OF THE
PETITIONER.
EXHIBIT P4 A COPY OF THE ELECTION ID CARD OF THE
PETITIONER.
EXHIBIT P5 COPY OF THE LAND TAX RECEIPT OF THE
PETITIONER.
EXHIBIT P6 COPY OF THE RESIDENTS CERTIFICATE
ISSUED FROM BHARANIKAV GRAMA PANCHAYATH.
EXHIBIT P7 A COPY OF THE PAN CARD ISSUED TO THE PETITIONER'S HUSBAND.
EXHIBIT P8 A COPY OF THE ELECTION ID CARD OF THE PETITIONER'S HUSBAND.
EXHIBIT P9 COPY OF THE AADHAR CARD OF THE PETITIONER'S HUSBAND.
EXHIBIT P10 COPY OF THE BUILDING TAX RECEIPT ISSUED FROM BHARANIKAV GRAMA PANCHAYATH OF BUILDING NO.7/16 DATED 3.6.2020. EXHIBIT P11 COPY OF THE PASSPORT ISSUED TO THE PETITIONER'S HUSBAND.
EXHIBIT P12 COPY OF THE REPRESENTATION DATED 22.06.2020 ISSUED TO THE 1ST RESPONDENT.
EXHIBIT P13 COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF PETITIONER'S REPRESENTATION DATED 01.07.2020.