IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 34795 of 2007(P)
1. ZEENATH BASHEER @ ZEENATH SEERE
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY
... Respondent
2. THE CHIEF PASSPORT OFFICER,
3. THE REGIONAL PASSPORT OFFICER,
For Petitioner :SRI.B.PREMNATH (E)
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/11/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 34795 OF 2007 - P
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Dated this the 27th November, 2007.
J U D G M E N T
Petitioner had applied for issuance of a passport and
Exts. P1 and P2, which were produced by the petitioner to
prove of her date of birth and these documents showed
different dates. Thereupon, the passport authority issued
Ext.P3 requiring the petitioner to furnish information
regarding the discrepancy in dates. At that stage,
petitioner filed Ext.P4 application (CMP No.5120/07)
before the Judicial First Class Magistrate Court,
Payyannur, for an order to the effect that the date of
birth of the petitioner shown in Ext.P1 is the correct
one. It is in view of the delay in passing orders on
Ext.P4, that this writ petition has been filed praying for
directing the Judicial First class Magistrate to pass
orders on Ext.P4.
2. The Ministry of External Affairs (PV-1 Section)
have issued circular dated 29th October, 2007, which
governs the change of date of birth and place of birth in
passports. Clause (d) thereof being relevant for the
W.P.(C)No.34795 OF 2007
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particular case, it is extracted below for reference:
“Where the initial entry has been made on the
basis of a supportive document issued by one
competent authority i.e. School/ educational
authority and the applicant subsequently requests
for a change on the basis of a certificate issued
by another competent authority i.e., Municipal
authorities etc, resulting in conflicting
documents for valid proof, the PIA should direct
the applicant to procure an order from a First
Class Judicial Magistrate, to effect the change as
per Passport Manual 2001 (In some States, this
function is discharged by Civil Magistrates)”.
Standing counsel fro the respondent would submit that
since the documents produced by the petitioner contains
different dates of birth, unless the petitioner produces
an order from the Judicial Magistrate as required, in the
aforesaid background, they will not be in a position to
consider the request of the petitioner.
3. In view of the above, although the circular
deals in the correction of date of birth in passport only,
it is evident that unless orders are obtained on Ext.P4
application made by the petitioner, the case of the
petitioner will not be considered for issuance of
passport. If that be so, expeditious orders on Ext.P4 is
necessary.
4. Therefore, I dispose of this writ petition
directing that the Judicial Magistrate of First Class,
W.P.(C)No.34795 OF 2007
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Payyannur shall take up and consider Ext.P4 (C.M.P.
No.5120/07), as expeditiously as possible, at any rate
within four weeks on production of a copy of this
judgment.
ANTONY DOMINIC
JUDGE
Rp/-