BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29/10/2009
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
Writ Petition (MD) No.10754 of 2009
Saheed .. Petitioner
Versus
The Regional Passport Officer
Passport Office, Bharathi Ula Road
Madurai-625 002 .. Respondent
Prayer
Petition filed under Article 226 of the Constitution of India,
seeking for a writ of Certiorarified Mandamus to call for the records relating
to the impugned oder rejecting the petitioner's application dated 5.10.2009 by
the respondent and quash the same as illegal and consequently to direct the
respondent to alter the petitioner's date of birth as 15.1.1959 in the passport
bearing number GO196654 within the period that may be stipulated by this Court.
!For Petitioner ... Mr.V.P.Rajan
^For Respondent ... Mr.G.Thalaimutharasu
Senior Central Government Standing
Counsel
:ORDER
The petitioner has stated that a passport had been issued to him in the
month of January, 2007, based on the application made by him. The
passport number is G 0196654. While submitting the application, the petitioner
had mentioned his date of birth as 15.1.1949. Thereafter, the petitioner had
come to know that his actual date of birth is 15.1.1959, as found in the school
certificate and in the birth certificate issued by the Government of Tamil Nadu.
Therefore, the petitioner had submitted an application, dated 5.10.2009, to the
respondent requesting, him to correct the petitioner’s date of birth in the
passport. However, the respondent had stated that the petitioner should obtain
an order from the first class Judicial Magistrate for changing the date of birth
of the petitioner in the passport, as required by him. The petitioner had also
stated that he had paid Rs.1,000/-, as penalty fee, in accordance with the
provisions of the Indian Passports Act, 1967. However, the respondent had
rejected the request of the petitioner, arbitrarily, without following the
provisions of the Indian Passports Act, 1967.
2. Mr.V.P.Rajan, the learned counsel appearing for the petitioner had
submitted that the respondent would consider the request of the petitioner and
pass appropriate orders thereon, in accordance with the provisions of the Indian
passports Act, 1967, if this Court issues such a direction.
Mr.G.Thalaimutharasu, the learned Senior Central Government Standing Counsel
appearing for the respondent had placed before this Court the Passport Manual
2001, issued by the Ministry of External Affairs (Consular, Passport & Visa
Division), New Delhi. However, he has not been able to show that the
instructions contained therein are in consonance with the provisions of the
Indian passports Act, 1967.
3. In such circumstances, this Court is of the view that it would suffice
if the respondent is directed to reconsider the request of the petitioner and
pass appropriate orders thereon, in view of the provisions contained in the
Indian passports Act and the other relevant provisions of law applicable to the
case. Accordingly, the writ petition is disposed of. No costs.
lan
To:
The Regional Passport Officer
Passport Office, Bharathi Ula Road
Madurai-625 002