Mullassery John Albert vs The Union Of India Represented By … on 28 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22194 of 2008(P)


1. MULLASSERY JOHN ALBERT, S/O.JOHN,
                      ...  Petitioner

                        Vs



1. THE UNION OF INDIA REPRESENTED BY THE
                       ...       Respondent

2. THE CHIEF PASSPORT OFFICER, MINISTRY OF

3. THE REGIONAL PASSPORT OFFICER,

4. THE ATTACHE (COUNSELOR), EMBASSY OF

                For Petitioner  :SRI.P.M.ZIRAJ

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

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :28/07/2008

 O R D E R
                                S. Siri Jagan, J.
                 =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                        W. P (C) No. 22194 of 2008
                 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                     Dated this, the 28th      July, 2008.

                               J U D G M E N T

The petitioner holds a passport. He is now working in Kuwait.

He wants to take his mother to Kuwait. But, unfortunately for the

petitioner, there is some defect in getting the travel documents for

the mother because the petitioner’s mother’s name is wrongly

included in the petitioner’s passport. Therefore, the petitioner

approached the 4th respondent for making appropriate correction in

the passport regarding the name of petitioner’s mother. But the

authorities refused to consider the petitioner’s claim on the ground

that a court order is necessary for this purpose. It is under the above

circumstances the petitioner has filed this writ petition seeking the

following reliefs:

“1. Issue a writ of mandamus or any other appropriate writ or
direction, directing to the 2nd respondent to communicate the copy
of the circular regarding the correction in the passport can be
made without the order from the judicial magistrate to the 4th
respondent.

2. Direct to the 4th respondent to correct the name of the
mother of the petitioner in his passport without the order from the
judicial magistrate by verifying the supporting documents produced
by the petitioner to prove the said mistake.

3. Declare that the provisions of the passport book let that for
changing the entries in the passport an order of the judicial
magistrate is required is ultra virus and the same is liable to be
quashed.

4. Direct the 3rd respondent to issue the copy of the circular
regarding the correction of entries in the passport of the petitioner
by considering the exhibit P5 application submitted by the mother
of the petitioner.”

2. The petitioner has now produced before me a letter from the

Regional Passport Office, Cochin, which reads as follows:

“As per the existing guidelines of the Ministry of External
Affairs, the service requested by you can be rendered by the
Indian Embassy, Kuwait, on production of valid documentary
evidence, along with required fees. It is clarified that no court

W.P.C. No. 22194/2008 -: 2 :-

order is required for correction of mother’s name as per the
existing guidelines.”

In view of the communication from the Passport Office, I direct the 4th

respondent to take appropriate steps for correction of the name of the

petitioner’s mother in his passport in accordance with the above

communication, as expeditiously as possible, at any rate, within one

month from the date of production of a copy of this judgment before

the 4th respondent. The writ petition is disposed of as above.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.