Jiphas vs The Passport Officer on 1 February, 2011

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Kerala High Court
Jiphas vs The Passport Officer on 1 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2550 of 2011(P)


1. JIPHAS, AGED 35 YEARS,
                      ...  Petitioner

                        Vs



1. THE PASSPORT OFFICER,
                       ...       Respondent

2. UNION OF INDIA, REPRESENTED BY THE

                For Petitioner  :SRI.B.HARISH KUMAR

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :01/02/2011

 O R D E R
                        ANTONY DOMINIC, J.

              ```````````````````````````````````````````````````````
                   W.P.(C) No. 2550 of 2011 P
              ```````````````````````````````````````````````````````
           Dated this the 1st day of February, 2011

                             J U D G M E N T

Petitioner is the holder of an Indian passport

bearing No.B3489227. This passport was issued on 07-03-

1991 and was renewed thereafter. According to the

petitioner, when he applied for the passport, on account of the

mistake committed by the agent, who filled up the application

forms, his date of birth was shown as 21-05-1971 instead of

21-05-1975. It is stated that he realised the mistake only on

receipt of Ext.P2 SSLC certificate. Realising the said mistake,

according to the counsel for the petitioner, petitioner has

made Ext.P4 application to the first respondent, enclosing the

documents and requesting for correction of the said mistake.

It is stated that when Ext.P4 was submitted, that was declined

to be accepted and, therefore, Ext.P4 was sent by registered

post. Counsel submits that the respondent is refusing to

consider Ext.P4 for want of court order requiring consideration

W.P.(C) No.2550/2011
: 2 :

of Ext.P4. On this basis, counsel seeks a direction from this

Court requiring correction of the aforesaid mistake as claimed

by him.

2. At this stage, even going by the case pleaded by

the petitioner, the first respondent has not taken any decision

on Ext.P4 application. At least, initially, it is for the first

respondent to consider the documents produced by the

petitioner and take a decision on Ext.P4 request made by him

for correction in the light of the documents produced by the

petitioner. Therefore, it is premature for the petitioner to seek

direction from this Court, to correct the date of birth in his

passport in the manner claimed by him.

3. Therefore, I direct that on the production of a copy

of this judgment, if Ext.P4 application has been received and

is pending, the first respondent will consider the said

application of the petitioner in the light of the documents

which are enclosed. This, the first respondent shall do as

expeditiously as possible and at any rate, within four weeks

W.P.(C) No.2550/2011
: 3 :

from the date of production of a copy of this judgment along

with a copy of the writ petition.

Writ petition is disposed of as above.

Sd/-

(ANTONY DOMINIC, JUDGE)
aks

// True Copy //

P.A. To Judge

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