High Court Kerala High Court

Lijo Mathew vs Union Of India Rep. By Its on 19 November, 2008

Kerala High Court
Lijo Mathew vs Union Of India Rep. By Its on 19 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34124 of 2008(K)


1. LIJO MATHEW, S/O.MATHULLA MAMMEN,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA REP. BY ITS
                       ...       Respondent

2. PASSPORT OFFICER, REGIONAL PASSPORT OFFI

                For Petitioner  :SRI.P.HARIDAS

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice V.GIRI

 Dated :19/11/2008

 O R D E R
                       V.GIRI, J
                     -------------------
                 W.P.(C).34124/2008
                     --------------------
     Dated this the 19th day of November, 2008

                     JUDGMENT

The petitioner, who claims to have been born on

14.10.1984, which fact, according to him, is

evidenced by Ext.P1 the certificate issued by the

Registrar of Births & Deaths, Thiruvalla Municipality,

is aggrieved by the incorrect date of birth as entered in

his passport as evidenced by Ext.P4. He then

approached the second respondent for correction of

date of birth in Ext.P4. Apparently, he was asked to

get declaratory order from the Court. Petitioner

submits that as per the recent circular issued by the

Central Government on 24.10.2007, the declaratory

order from the Court is not always necessary where

the concerned competent officer itself is in a position

to verify whether there is any defect and then take

appropriate action thereon. Learned counsel

appearing on behalf of the respondents submits that

going by the recent circular, such powers are available

to the second respondent.

W.P.(C).34124/2008
2

2. In the result, writ petition is disposed of directing

the second respondent to consider any application filed

by the petitioner for correction of his date of birth as

entered in his passport in accordance with law and take

a decision thereon within one month from the date on

which the passport, along with the application, is

presented before the second respondent.

V.GIRI,
Judge

mrcs