Kerala High Court
Ismayal N.M vs Union Of India on 11 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 30308 OF 2024
1
2024:KER:70441
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 30308 OF 2024
PETITIONER:
ISMAYAL N.M.,
AGED 57 YEARS
S/O.MOIDUNNY , RESIDING AT NAMBIARUVALAPPIL HOUSE,
PERUMTHURUTHY P O, PAZHANJI, THRISSUR, PIN - 680542
BY ADVS.
BABIN T. ANTHIKKAD
VANESHA VISWAMBARAN
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL
AFFAIRS, SOUTH BLOCK, GOVERNMENT OF INDIA, NEW DELHI,
PIN - 110001
2 THE REGIONAL PASSPORT OFFICER,
PASSPORT OFFICE, SHIHAB THANGAL ROAD, NEAR IDBI
CORPORATE BRANCH, PANAMPILLY NAGAR, KOCHI, ERNAKULAM,,
PIN - 682036
3 JOINT SECRETARY (PSP) AND CHIEF PASSPORT OFFICER,
MINISTRY OF EXTERNAL AFFAIRS, PSP DIVISION, PATIALA
HOUSE ANNEXE, TILAK MARG, NEW DELHI, PIN - 110001
SRI. T.C. KRISHNA-DSG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30308 OF 2024
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2024:KER:70441
JUDGMENT
Dated this the 11th day of September, 2024
The present Writ Petition has been filed seeking
the following prayers:
i) Issue writ in the nature of mandamus directing the 3rd
respondent to take up the appeal (Exhibit-P9) filed by the
petitioner and to do the needful as soon as possible.
(ii) Subsequently issue writ in the nature of mandamus
directing the 2nd respondent to pass orders by making
changes in the date of birth in the passport and to re-
issue a fresh passport.
(iii) Issue such other writ, order or direction directing the
respondents as this Hon'Ble Court deems fit in the
interest of justice and equity.
(iv) Petitioner also prays that this Hon'Ble court may be
pleased to dispense with the translation of the
documents produced in the vernacular language.
2. In the passport earlier issued to the petitioner, his
date of birth was recorded as 30.03.1958. Now, suddenly
the petitioner has realized that he was not born on
30.03.1958, he was born on 30.03.1966. That means, he is
eight years younger than the date of birth recorded in the
passport. Such an afterthought attempt to change the date
of birth recorded in the passport cannot be considered, and
WP(C) NO. 30308 OF 2024
2024:KER:70441
this Court finds no ground to grant any direction as sought
in this writ petition. Therefore, the present writ petition is
hereby dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
WP(C) NO. 30308 OF 2024
2024:KER:70441
APPENDIX OF WP(C) 30308/2024
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF THE PASSPORT NO. P021852,
DATED ON 28/05/1993 ISSUED BY REGIONAL
PASSPORT OFFICE, COCHIN.
Exhibit-P2 THE TRUE COPY OF RENEWED PASSPORT BEARING NO.
W7530189, DATED ON 03/01/2023 ISSUED BY
REGIONAL PASSPORT OFFICE, COCHIN.
Exhibit-P3 TRUE COPY OF THE BIRTH CERTIFICATE,
MATRICULATION CERTIFICATE, AADHAR CARD.
Exhibit-P4 THE TRUE COPY OF APPLICATION FOR RE-ISSUE OF
PASSPORT WITH CHANGE OF HIS DATE OF BIRTH,
PRODUCED TO 2ND RESPONDENT DATED ON
19/03/2024 ALONG WITH THE ENGLISH
TRANSLATION.
Exhibit-P5 THE TRUE COPY OF THE JUDGEMENT IN WRIT
PETITION (C).13168/2024, ISSUED BY HON'BLE
HIGH COURT DATED ON 23/05/2024.
Exhibit-P6 THE TRUE OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT, DATED ON 05/06/2024.
Exhibit-P7 THE TRUE COPY OF THE AFFIDAVIT FILED BEFORE
THE 2ND RESPONDENT, DATED ON 11/06/2024.
Exhibit-P8 THE TRUE OF COPY OF THE ORDER REGARDING
REFUSAL OF PASSPORT APPLICATION WITH FILE NO.
CO5076286108924, DATED ON 14/06/2024.
Exhibit-P9 THE TRUE COPY OF THE APPEAL FILED BEFORE THE
3RD RESPONDENT, DATED ON 24/06/2024 .
Exhibit-P10 THE TRUE COPY OF THE RECEIPT OF THE POST AND
DELIVERED ON 28/06/2024.
Exhibit-P11 THE TRUE COPY OF THE VISA CANCELLED, DATED ON
09/07/2024 BY THE UAE GOVERNMENT.
