Mohamed Asraf Cholasseri vs Union Of India
2024 Latest Caselaw 26905 Ker

Kerala High Court

Mohamed Asraf Cholasseri vs Union Of India on 6 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                      2024:KER:67791
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

     FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                       WP(C) NO. 30941 OF 2024

PETITIONER:

          MOHAMED ASRAF CHOLASSERI
          AGED 56 YEARS
          CHOLASSERI HOUSE, S/O. CHOLASSERI KUTTY HASSAN HAJI,
          VADAKKEMANNA, KODUR P.O, MALAPPURAM DISTRICT,
          PIN - 676504.


          BY ADVS.
          MOHAMMED SHAFI.K
          KAVYA S.A.
          SHAHIM BIN AZIZ




RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF
          EXTERNAL AFFAIRS, NEW DELHI, PIN - 110001.

    2     THE REGIONAL PASSPORT OFFICER
          KOZHIKODE, GROUND FLOOR CIVIL STATION,
          WAYANAD RD, ERANHIPPALAM, KOZHIKODE, PIN - 673020.

    3     THE CHIEF PASSPORT OFFICER
          CPV DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROM NO.8,
          PATIALA HOUSE, TILAKMARG, NEW DELHI, PIN - 110011.



          SRI.T.C. KRISHNA, DSGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                      2024:KER:67791
WP(C) NO. 30941 OF 2024                     2



                                     JUDGMENT

The present writ petition has been filed for the following prayers:-

I. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent, Regional Passport Officer at Kozhikode to, on the basis of the Ext-P2 Birth Certificate issued by the Department of Panchayat, Government of Kerala , correct the Date of Birth (DOB) in Ext- P1 Passport, issued to the petitioner, from 05.01.1968 to the date stated in the Ext-P2 Birth Certificate , 19.05.1968; II. This Honorable Court may be pleased to dispense with filing of the English translation of vernacular documents as per order dated 04.08.2022 in WP(C) No. 16441/2021; AND III. To issue such other reliefs as this Honorable Court may deem fit and proper in the circumstances of this case.

2. The petitioner may file an appropriate application as

provided under the Passport Act and Rules made thereunder for the

correction of Date of Birth recorded in the Passport.

If such an application is filed, the Passport Authorities shall

take proper action on the application of the petitioner for correcting

the Passport of the petitioner. Disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE Sru 2024:KER:67791

APPENDIX OF WP(C) 30941/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF PASSPORT NO. C0809593 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER, ALONG WITH ITS TRUE TYPED COPY.

Exhibit P1(a) A TRUE COPY OF THE RELEVANT PAGES OF PASSPORT NO. L1198177, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE BIRTH CERTIFICATE ISSUED ON 03.08.2023, BY THE REGISTRAR OF BIRTH AND DEATH, KODUR GRAMA PANCHAYAT.

Exhibit P3 A TRUE COPY OF THE MATRICULATION CERTIFICATE ISSUED BY THE GENARAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA TO THE PETITIONER, ALONG WITH ITS TRUE TYPED COPY.

Exhibit P4 THE TRUE COPY OF THE ELECTION IDENTITY CARD , BEARING NO.HFS 3687819 OF THE PETITIONER, ALONG WITH ITS TRUE TYPED COPY.

Exhibit P5 A TRUE COPY THE ADHAAR CARD.NO. 7377 7122 1938 OF THE PETITIONER, ALONG WITH ITS TRUE TYPED COPY.

Exhibit P6 A TRUE COPY OF THE DRIVING LICENSE, BEARING NO. KL1020100012571 OF THE PETITIONER, ALONG WITH ITS TRUE TYPED COPY.