Madras High Court
Nayeemudeen vs The Passport Officer on 10 October, 2023
W.P.(MD)No.302 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.302 of 2021
Nayeemudeen ... Petitioner
Vs.
The Passport Officer,
Regional Passport Office
Bharathi Ula Veethi,
Race Course Road,
Madurai. ...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondent to
change the date of birth of the Petitioner in Passport No.P882005 as
05.05.1975 instead of 05.05.1971 within a time frame fixed by this Court
for enabling the Petitioner to renew his Passport.
For Petitioner : Mr.K.Naveenatharaja
For R-1& R-2 : Mr.S.Jeyasingh,
Senior Panel Counsel,
Government of India
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.302 of 2021
ORDER
This Writ Petition has been filed for the issue of writ of
mandamus directing the respondent to alter / change the date of birth of the
petitioner in the passport as 05.05.1975 instead of 05.05.1971.
2. The case of the petitioner is that his correct date of birth is
05.05.1975 and the same has been entered in his SSLC Certificate, HSC
Certificate, Aadhar Card, Pan Card and also in his Driving License.
According to the petitioner, his date of birth was wrongly mentioned in the
passport as 05.05.1971 instead of 05.05.1975. Hence, the petitioner made
a representation to the respondent to correct the date of birth. Since the
same was not considered, the present Writ Petition has been filed before
this Court.
3. Heard the learned counsel appearing on behalf of the
petitioner and the learned Senior Panel Counsel appearing on behalf of the
respondent.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.302 of 2021
4. The respondent has filed a counter-affidavit. The relevant
portions in the counter affidavit are extracted hereunder:
“(4). It is submitted that the
petitioner after a lapse of 28 years the petitioner
had filed this Writ Petition before this Hon'ble
Court seeking direction for re-issue of passport
by changing the date of birth from 05.05.1971 to
05.05.1975. The petitioner had intentionally not
brought to the notices of the Passport Issuing
Authorities in writing or filing an application for
correction in his date of birth immediately after
obtaining the passport for change in his date of
birth.
(5). It is submitted that Ministry of
External Affairs, New Delhi in its instructions to
sub-ordinate offices had pointed out that request
in difference of date of birth for more than 2
years should not be encouraged, in order that
sanctity of the Indian Passport issuance system is
not undermined from global point of view, that
would result in restrictions of movement of
Indian citizens abroad.”
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.302 of 2021
5. In the considered view of this Court, this Court has
consistently passed orders in cases of this nature, by considering the
documents available before the Court and directing the Regional Passport
Officer to alter the date of birth. Useful reference can be made to the
Judgment of this Court in the case of R.Saravanan Vs. the Regional
Passport Officer, Regional Passport Office, Madurai in W.P.(MD).No.
20475 of 2017 dated 07.11.2017 and in the case of S.Abdul Kader Vs. te
Passport Officer, Regional Passport Officer, Madurai in W.P.(MD).No.
18499 of 2018 dated 13.02.2019.
6. In the instant case, almost all the documents that have been
placed before the Court shows that the date of birth of the petitioner is
05.05.1975. Due to some oversight, it has been mentioned in the passport
as 05.05.1971. This mistake has to be rectified. By carrying out the
correction, the petitioner is not in anyway going to be unduly benefited,
except for the fact that the correct date of birth of the petitioner will be
reflected in the passport. Therefore, the technical objections made by the
respondent in this regard should not stand in the way of granting the relief
sought for by the petitioner.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.302 of 2021
7. In view of the above, there shall be a direction to the
respondent to alter / change the date of birth of the petitioner in the
passport from 05.05.1971 to 05.05.1975. This process shall be completed
by the respondent within a period of four (4) weeks from the date of receipt
of a copy of this order.
8. This Writ Petition is disposed of with the above directions.
No costs.
10.10.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
tsg
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.302 of 2021
N.ANAND VENKATESH, J.
tsg
W.P.(MD)No.302 of 2021
10.10.2023
https://www.mhc.tn.gov.in/judis
