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Jojo P.G. v. Union Of India
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 6TH DAY OF SEPTEMBER 2016/15TH BHADRA, 1938 WP(C).No. 26138 of 2016 (N)
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PETITIONER:
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JOJO P.G,
PANJIKKARAN HOUSE,
MULLUSSERY, VATTAPARAMBU P.O,
ERNAKULAM DISTRICT.
BY ADVS.SRI.RANJIT BABU
SRI.K.B.ARUNKUMAR
RESPONDENT(S):
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1. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
NEW DELHI, PIN - 110 001.
2. THE REGIONAL PASSPORT OFFICER,
THE REGIONAL PASSPORT OFFICE,
PANAMPILLY NAGAR,
ERNAKULAM, PIN - 680 036.
BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06-09-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 26138 of 2016 (N) ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 : THE TRUE COPIES OF THE SSLC BOOK AND IDENTITY
CARD ISSUED BY THE ELECTION COMMISSION OF INDIA.
EXHIBIT P2 : TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT
ISSUED TO THE PETITIONER.
EXHIBIT P3 : THE TRUE COPY OF THE DIPLOMA CERTIFICATE ISSUED
TO THE PETITIONER.
EXHIBIT P4 : THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY
THE KUNNUKARA GRAMA PANCHAYAT TO THE PETITIONER.
EXHIBIT P5 : THE TRUE COPIES OF THE SSLC BOOK AND IDENTITY
CARD ISSUED BY THE ELECTION COMMISSION OF INDIA.
EXHIBIT P6 : THE TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S. TO JUDGE
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P.B. SURESH KUMAR, J.
------------------------------------------------ W.P.(C).No. 26138 of 2016
------------------------------------------------ Dated this the day of 6th September, 2016
J U D G M E N T
The grievance of the petitioner is that his request for correction of the entries in his passport relating to date of birth, and the place of birth, is not being entertained by the authorities under the Passports Act on the ground that he has not applied for correction of the entries within five years from the date of issue of the passport.
2. The learned Assistant Solicitor General appearing for the respondents attempted to justify the stand of the authorities, relying on Office Memorandum No.VI/401/2/5/2001 dated 26.11.2015 issued by the Central Government. According to him, correction of the entries in the passport as regards date of birth is now governed by the said Office Memorandum which provides that application for correction shall be submitted within five years from the date of issue of the passport.
3. This Court, in W.P.(C) No.7274 of 2016 and connected cases, took the view that the Office Memorandum
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W.P.(C).No. 26138 of 2016 2 relied on by the respondents shall not stand in the way of the passport authorities entertaining genuine applications for correction of the entries in the passport relating to date of birth. In the light of the judgment of this Court in the said batch of cases, I deem it appropriate to direct the authorities to consider the request of the petitioner for correction of the entry in his passport as regards the date of birth, as directed in the said cases. Further, in the light of the submission made by the learned Assistant Solicitor General, I also deem it appropriate to direct the authorities under the Passports Act to consider the request of the petitioner for correction of the entry relating to the place of birth. In the result, the writ petition is allowed and the second respondent is directed to consider the request of the petitioner for correction of the entries in his passport as regards the date of birth and the place of birth if a fresh application is filed in this regard, within three weeks from the date of receipt of a copy of this judgment. The petitioner shall produce evidence sufficient to establish the genuineness of the requests, along with the application. The Passport Officer shall carry out the corrections requested, if the requests are found to be genuine. The petitioner is at liberty to produce a certified copy of this
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W.P.(C).No. 26138 of 2016 3 judgment for compliance before the Passport Officer. Sd/-
P.B. SURESH KUMAR, JUDGE.
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