Mini Varughese vs Union Of India
2022 Latest Caselaw 8513 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                       WP(C) NO. 21890 OF 2022
PETITIONER:

          MINI VARUGHESE,
          AGED 52 YEARS,
          RESIDING AT THADATHIL PARAMPIL HOUSE,
          MEENCHANTHA, M.L. ROAD,
          KOTTAYAM 686 001,
          NOW RESIDING AT MARTTUKALAM,
          MURUGA NAGAR, PERUNNA P.O.,
          CHAGANASSERY,
          KOTTAYAM DISTRICT, PIN - 686102

          BY ADVS.
          C.G.PREETHA
          DR.ABHILASH O.U.


RESPONDENTS:

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

    2     THE REGIONAL PASSPORT OFFICER,
          REGIONAL PASSPORT OFFICE,
          PASSPORT OFFICE BUILDING, PANAMPILLY NAGAR,
          KOCHI, PIN - 682036

    3     CONSULATE GENERAL OF INDIA,
          EMBASSY OF INDIA, AL-SEEF, MANAMA BAHRAIN, PIN - 780221

          BY ADVS.
          MANU S., ASG OF INDIA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21890 OF 2022
                             -2-


                          JUDGMENT

The petitioner has approached this Court seeking

directions to the respondents to consider Exhibit P5

representation and pass orders thereon.

2. Petitioner is the holder of Passport

No.U0211967. The passport shows the date of birth of

the petitioner as 22.01.1961, which was erroneously

recorded, whereas the actual date of birth is 23.08.1969.

It is submitted that except passport, all other official

documents in favour of the petitioner shows her date of

birth as 23.08.1969. Petitioner came to know about the

error in the passport only recently and submitted an

application for re-issuance of passport with correct date

of birth before the 2nd respondent, Ext.P5 ie., the

Regional Passport Officer.

3. Smt. Krishna, learned counsel appearing for

the respondent submits that the Regional Passport

authority concerned ie., Respondent No.2 would not be WP(C) NO. 21890 OF 2022

averse in taking call on the request in terms of the

notification and the office memorandum dated 22.9.2016.

After considering the rival contention of the parties,

I dispose of the writ petition by directing the 2 nd

respondent to take a call on the application submitted by

the petitioner, for correction of the date of birth in terms

of the notifications dated 26.11.2015 and office

memorandum dated 22.9.2016, in accordance with law,

after affording an opportunity of hearing, if necessary.

Let this exercise be undertaken within a period of 15

(fifteen) days from the date of receipt of a copy of this

judgment.

Sd/-

AMIT RAWAL JUDGE vv WP(C) NO. 21890 OF 2022

APPENDIX OF WP(C) 21890/2022

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PAGES OF PASSPORT NO U0211967 OF THE PETITIONER

EXHIBIT P2 THE TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTH & DEATH, KOTTAYAM MUNICIPALITY DATED 30.11.2018

EXHIBIT P3 THE TRUE COPY OF THE AADHAR CARD OF THE PETITIONER

EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE LOCAL REGISTRAR, CHANGANASSERY MUNICIPALITY DATED 04.01.2022

EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 09.12.2021

EXHIBIT P6 THE TRUE COPY OF THE OFFICE MEMORANDUM NO VI/401/2/5/2001 ISSUED BY MINISTRY OF EXTERNAL AFFAIRS DATED 22.09.2016