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    S. Vijaya Kumar v. Regional Passport Officer

    Shaffique, J.:— This writ appeal is filed by the petitioner challenging the judgment dated 26/06/2015 in W.P.C No. 11385/2015. The writ petition filed by the petitioner was for a direction to the Passport Issuing Authority to effect correction of date of birth. According to the petitioner, his actual date of birth is 21/11/1967 whereas the date of birth shown in the Passport is 08/09/1965. The learned Single Judge did not entertain the writ petition since the application was filed thirty years after the issuance of the passport. The writ petition was dismissed based on the judgment in W.P.C No. 9073/2015 and connected cases which was decided on 23/06/2015.

    2. In Union of India v. Sunil Kumar [2015 (3) KLT 501], we have already relied upon the circular issued by the Central Government with reference to correction of date of birth entries in the passport and having held that it shall be open for the petitioners/appellants to approach the Civil Court for getting appropriate declaratory decree and thereafter to approach the Passport Issuing Authority orders. The same judgment applies to the factual situation that had arisen in the case.

    3. In the result, the writ appeal is disposed of permitting the appellant to approach the Civil Court for appropriate reliefs in the light of the judgment in Sunil Kumar (supra).

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    S. Vijaya Kumar v. Regional Passport Officer
    (Oct 19, 2015)