Peeru Mohammed vs The Secretary
2024 Latest Caselaw 33371 Ker

Kerala High Court

Peeru Mohammed vs The Secretary on 15 November, 2024

                                                           2024:KER:86030
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE P.M.MANOJ

 FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946

                         WP(C) NO. 5126 OF 2020

PETITIONER:

             PEERU MOHAMMED
             AGED 43 YEARS
             S/O. MYTHEEN KANNU, VENCHAMPI KAILAYATHU VEEDU,
             AZHIKKODU, ARUVIKKARA, THIRUVANANTHAPURAM


             BY ADV T.K.ANANDA KRISHNAN


RESPONDENTS:

     1       THE SECRETARY
             MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK,
             GOVERNMENT OF INDIA, NEW DELHI-110 001

     2       THE REGIONAL PASSPORT OFFICER,
             TRIVANDRUM PASSPORT OFFICER, THIRUVANANTHAPURAM


             BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA


OTHER PRESENT:

             SMT.AMBILY,CGC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.11.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.5126 of 2020
                                  2
                                                        2024:KER:86030



                                  P.M. MANOJ, J
                     -----------------------------------
                      W.P.(C) No.5126 of 2020
               ----------------------------------------------
           Dated this the 15th day of November, 2024


                             JUDGMENT

The writ petition is preferred by the petitioner for accepting

the application for issuance of passport by correcting the wrong

entry of date of birth of the petitioner as 10.05.1976 instead of

21.05.1968.

2. It is the case of the petitioner that he is a holder of

passport bearing number S 5158831 and his date of birth is

wrongly entered in Ext.P1 passport as 21.05.1968 instead of

10.05.1976.

3. The reason assigned for the said mistake is that the

petitioner obtained the passport through an agent and the said

passport was obtained without submitting any documents

pertaining to the date of birth of the petitioner. The petitioner did

not realize the mistake committed by the entry of his date of birth

in his passport. In order to prove his date of birth, the petitioner

has produced the extract of his admission in V.M.J. U.P.S,

Vallakkadav, Thiruvanathapuram, where he studied up to

9th standard.

WP(C) NO.5126 of 2020

2024:KER:86030

4. The grievance voiced in this writ petition is that the

2nd respondent is not accepting Ext.P2 document and was returned

with a direction to obtain an order from the court. This is the

circumstance in which the petitioner approached this Court by

preferring this writ petition.

5. Going by the pleadings in the writ petition, it appears

that the petitioner has not produced any application before the

appropriate authority and it is not stated in the writ petition that

the authority has declined such application. Under such

circumstances, writ of mandamus cannot be granted.

Accordingly, the writ petition is dismissed.

Sd/-

P.M. MANOJ JUDGE

SSS WP(C) NO.5126 of 2020

2024:KER:86030

APPENDIX OF WP(C) 5126/2020

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT BEARING NO. S 5158831 OF THE PETITIONER

EXHIBIT P2 THE TRUE COPY OF THE EXTRACT OF THE SCHOOL ADMISSION REGISTER