Asha Prince vs Union Of India
2021 Latest Caselaw 604 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                           WP(C).No.26270 OF 2020(G)


PETITIONER:

                 ASHA PRINCE
                 W/O PRINCE, KARIMALIKAL HOUSE, 306, SHIVAM RESIDENCY,
                 OPP.RAJNGAR SOCIETY, SAINATH MARG, GOTARI-VASNA ROAD,
                 VADODARA-390021,
                 PRESENTLY RESIDING AT. ASHA PRINCE KARIMALIKAL, AGED 37
                 YEARS, W/O PRINCEKARIMALIKAL, 3PARK HL, APT 8, MENANDS, NY-
                 12204, USA. REPRESENTED BY POWER OF ATTORNEY HOLDER, LIRIL
                 THALIYAPARAMBIL, AGED 41 YEARS, S/O JOHN THOMAS,
                 THALIYAPRAMBIL HOUSE,
                 P O VARANDRAPILLY, VARANDRAPILLY DESOM, CHALAKUDY TALUK,
                 THRISSUR DISTRICT.

                 BY ADVS.
                 SRI.LINDONS C.DAVIS
                 SMT.E.U.DHANYA

RESPONDENTS:

       1         UNION OF INDIA
                 MINISTRY OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED
                 BY THE SECRETARY,
                 PATIALA HOUSE ANNEX, NEW DELHI, INDIA-110001.

       2         CONSULATE GENERAL OF INDIA
                 3 EAST 64TH STREET, NEW YORK,
                 USA NY-10065.

       3         REGIONAL PASSPORT OFFICER
                 REGIONAL PASSPORT OFFICE,
                 PANAMPILLY NAGAR P O,
                 COCHIN, KERALA,
                 INDIA-682036.

                 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

OTHER PRESENT:

                 SRI. JAYASANKER NAIR- CGC

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26270 OF 2020(G)

                                   2




                            JUDGMENT

The petitioner, who is stated to be presently residing in

United States of America, has approached this Court seeking that

certain entries in her passport be directed to be corrected by the

competent respondent. She says that she has preferred Exts.P7

and P8 representations before respondents 2 and 3 and

alternatively prays that the same be directed to be considered by

the said Authorities without any further delay.

2. When this matter was considered today, the learned

counsel for the petitioner, Sri.Lindons C. Davis, submitted that

pending this lis, his client has preferred Ext.P10 application

before the 2nd respondent in the applicable format and prayed

that the same be directed to be allowed by the said Authority.

In response, the learned Central Government Counsel,

Sri.Jayasankar Nair, submitted that there does not appear to be

any legal impediment in the 2 nd respondent considering Ext.P10

application but prayed that this Court may not make any

affirmative declarations in favour of the petitioner and leave it to

the said Authority to take a decision as per law.

In the afore circumstances, I order this writ petition to the WP(C).No.26270 OF 2020(G)

limited extent of directing the 2nd respondent - Consulate General

of India, to take up Ext.P10 application of the petitioner and

dispose it of, after affording her an opportunity of being heard --

either physically or through videoconferencing -- culminating in

an appropriate order thereon, as expeditiously as is possible but

not later than two weeks from the date of receipt of a copy of this

judgment.

This writ petition is thus ordered.

SD/-

                                          DEVAN RAMACHANDRAN

rp                                                JUDGE
 WP(C).No.26270 OF 2020(G)






                                   APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE RELEVANT PAGE OF SSLC BOOK

SHOWING THE DATE OF BIRTH OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT NO.UO158725 ISSUED ON 16.10.2020 SHOWING THE DATE OF BIRTH OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DATED 213.10.2020 ISSUED FROM THE REGISTRAR OF BIRTHS AND DEATHS, CHALAKKUDY MUNICIPALITY.

EXHIBIT P4 TRUE COPY OF THE COPY OF THE CERTIFICATE OF MARRIAGE OF THE PETITIONER.

EXHIBIT P5 A COPY OF THE OFFICE MEMORANDUM NO.VI/401/2/5/2001 DATED 26.11.2015 OF THE 1ST RESPONDENT.

EXHIBIT P6 A COPY OF THE OFFICE MEMORANDUM NO.

VI/401/2/5/2001M DATED 22.09.2016 OF THE 1ST RESPONDENT.

EXHIBIT P7 A COPY OF THE PETITIONER'S REPRESENTATION FRO CORRECTION OF DATE OF BIRTH IN PASSPORT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 23.11.2020.

EXHIBIT P8 A COPY OF THE PETITIONER'S REPRESENTATION FOR CORRECTION OF DATE OF BIRTH IN PASSPORT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 23.11.2020.

EXHIBIT P9 A COPY OF THE JUDGMENT DATED 10.02.2014 IN WPC NO.30276/2013.

EXHIBIT P10 A COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR CHANGE OF DATE OF BIRTH BEFOR THE 3ND RESPONDENT THROUGH ONLINE ON 16.12.2020