Kerala High Court
Nisha [email protected] Mol Rajan vs Union Of India on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 20678 OF 2022
PETITIONER/S:
NISHA [email protected] MOL RAJAN
AGED 39 YEARS
W/O. SONY SUBASH, NEDUVANTHANATHU HOUSE, KOTTA P.O., KARAKKAD,
CHENGANNUR, ALLEPPEY, KERALA, PIN-689505, NOW RESIDING AT
FORTUNATO G-27, DISTRICT 11, JUMEIRAH VILLAGE CIRCLE, DUBAI,
UNITED ARAB EMIRATES, REPRESENTED BY HER POWER OF ATTORNEY
HOLDER AND FATHER, RAJU BHASKARAN, S/O. LATE BHASKARAN, AGED 59
YEARS, RESIDING AT MALAYIL PUTHEN VEEDU, THALAYAR MURI, KUTTOOR
VILLAGE, FROM KALARIL HOUSE, MUTHOOR MURI, KUTTAPPUZHA
VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA-689106.
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
RISHIKESH HARIDAS
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS,
CIRCULAR ROAD, CHANAKYAPURI, NEW DELHI, PIN-110001.
2 CONSULATE GENERAL OF INDIA,
EMBASSY OF INDIA, OFFICE OF THE CONSULATE GENERAL OF INDIA, AL
HAMRIYA, DIPLOMATIC ENCLAVE, P.O.BOX 737, DUBAI, UNITED ARAB
EMIRATES.
3 ASSISTANT CONSULAR OFFICER,
EMBASSY OF INDIA, OFFICE OF THE CONSULATE GENERAL OF INDIA, AL
HAMRIYA, DIPLOMATIC ENCLAVE, P.O.BOX 737, DUBAI, UNITED ARAB
EMIRATES.
4 REGIONAL PASSPORT OFFICER,
MINISTRY OF EXTERNAL AFFAIRS, REGIONAL PASSPORT OFFICE,
PANAMPILLY NAGAR P.O., KOCHI, PIN-682036.
OTHER PRESENT:
SRI MANU S ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20678 OF 2022
2
JUDGMENT
The petitioner has approached this Court seeking directions to
the respondents 2 and 3 to process the application submitted by the
petitioner for correction of date of birth on her passport on the basis
of Ext.P3 birth certificate and to re-issue the passport to the
petitioner without insisting her to correct the document already
produced for proof of date of birth or to produce any other proof for
date of birth before the expiry of Ext.P1 visa of the petitioner.
2. The grievance of the petitioner is that at the moment he
was working in Dubai with a passport bearing No.Z3581011
reflecting the date of birth as 28.5.1983. The aforementioned
information of date of birth was given on the basis of the certificate
of Higher Secondary. Petitioner wants to migrate to a European
country and she is required to submit the original documents ie.,
date of birth and VISA. As per the certificate of Registrar Births and
Deaths, Ext.P3 dated 24.3.2018, the date of birth of the petitioner is
7.4.1983 which would carrying a presumption of truth as per the
provisions of the Indian Evidence Act as well as the General Clauses
Act.
3. Learned counsel for the respondent submits that they
WP(C) NO. 20678 OF 2022
would take a call on the request of the petitioner keeping in view the
notification dated 22.9.2016.
Without expressing any opinion on the merits of the matter, I
dispose of the writ petition by issuing directions to the respondents
to take call for correction of the date of birth in the passport as per
the notification, after affording an opportunity of hearing to the
parties within a period of 30 days (thirty) from the date of receipt of
a certified copy of this judgment.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 20678 OF 2022
APPENDIX OF WP(C) 20678/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PASSPORT BEARING NO.
Z3581011 OF THE PETITIONER DATED 18.2.2016
ISSUED BY THE 2ND RESPONDENT ALONG WITH
ENDORSEMENT OF VISA.
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED FROM
THE KERALA STATE OPEN SCHOOL BEARING
NO.41770 OF THE PETITIONER DATED 1.7.2002.
Exhibit P3 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED
BY THE REGISTRAR, BIRTHS AND DEATHS,
THIRUVALLA MUNICIPALITY TO THE PETITIONER
DATED 24.3.2018.
Exhibit P4 TRUE COPY OF THE APPLICATION GIVEN BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
14.6.2022.
