Ismayal N M vs Union Of India

Kerala High Court

Ismayal N M vs Union Of India on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                    WP(C) NO. 13168 OF 2024
PETITIONER:

         ISMAYAL N M
         AGED 57 YEARS
         S/O MOIDUNNY,
         RESIDING AT NAMBIARUVALAPPIL HOUSE,
         PERUMTHURUTHY P O, PAZHANJI,
         THRISSUR, PIN - 680542

         BY ADVS.
         VANESHA VISWAMBARAN
         BABIN T. ANTHIKKAD


RESPONDENTS:

    1    UNION OF INDIA
         REPRESENTED THROUGH MINISTRY OF EXTERNAL AFFAIRS,
         REGIONAL PASSPORT OFFICE, SNSM BUILDING,
         KARALKADA JUNCTION, PETTAH P.O,
         TRIVANDRUM, PIN - 695024
    2    REGIONAL PASSPORT OFFICE
         REPRESENTED BY THE REGIONAL PASSPORT OFFICER,
         SHIHAB THANGAL ROAD, NEAR IDBI CORPORATE BRANCH,
         PANAMPILLY NAGAR, KOCHI, ERNAKULAM, PIN - 682036

         BY ADV KRISHNA T C, CENTRAL GOVERNMENT COUNSEL


     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 23.05.2024,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13168 of 2024
                               2




                           JUDGMENT

Dated this the 23rd day of May, 2024 The petitioner, who is holder of a Passport, is aggrieved by the delay on the part of the 2 nd respondent-Regional Passport Officer to pass orders on his application for correction of date of birth.

2. Ext.P6 is the application submitted by the petitioner for correction of date of birth. The petitioner would contend that his date of birth is reflected in the Passport as 30.03.1958. The date of birth has to be corrected as 30.03.1966. The delay in correcting the date of birth in the Passport is causing considerable difficulties to the petitioner.

3. Senior Panel Counsel entered appearance and resisted the writ petition. The Senior Panel Counsel submitted that there was a doubt about the petitioner obtaining multiple Passports and therefore, the Regional Passport Officer WP(C) No.13168 of 2024 3 required the petitioner to produce all the Passports in his possession. The petitioner has not produced the Passports. If the petitioner personally approaches the Regional Passport Officer with current Passport as well as previous Passports held by the petitioner and other relevant documents, the Passport Officer can pass final orders on the application for correction of date of birth.

4. Taking into consideration the stand taken by the Senior Panel Counsel, the writ petition is disposed of with the following directions:

The petitioner is directed to appear before the 2nd respondent-Regional Passport Officer on 03.06.2024 along with current and previous Passports, which are in possession of the petitioner, and other documents, if any, already demanded by the Regional Passport Officer. After receiving / verifying the documents produced by the petitioner, the Regional Passport Officer shall pass orders on the WP(C) No.13168 of 2024 4 application for date of birth correction, as expeditiously as possible and at any rate, within a period of two weeks from the date of receipt of the afore documents.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.13168 of 2024 5 APPENDIX OF WP(C) 13168/2024 PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE PASSPORT NO.P021852, DATED 28/05/1993. Exhibit-P2 THE TRUE COPY OF RENEWED PASSPORT BEARING NO.W7530189, DATED 03/01/2023. Exhibit-P3 THE TRUE COPY OF THE BIRTH CERTIFICATE Exhibit-P4 THE TRUE COPY OF MATRICULATION CERTIFICATE.

Exhibit-P5 THE TRUE COPY OF AADHAAR CARD. Exhibit-P6 THE TRUE COPY OF APPLICATION FOR RE-

ISSUE OF PASSPORT WITH CHANGE OF HIS DATE OF BIRTH, DATED ON 19/03/2024.

Exhibit-P7         THE TRUE COPY OF VISA.