IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 17606 of 2010(A) --------------------------------------- PETITIONER: ------------------- VIJAYAKUMAR, S/O.MADHAVAN PILLAI, MANAKKATTIL HOUSE, CHITTATTUMUKKU.P.O, KANIYAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.SUJESH KUMAR. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SECRETARIAT SOUTH BLOCK, RAJPATH, CONNAUGHT PLACE, NEW DELHI. 2. THE PASSPORT OFFICER, PASSPORT OFFICE, KAITHAMUKKU, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 17606 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2010 J U D G M E N T Petitioner is the holder of Indian Passport No.V371536. The validity of the passport had expired in October, 2006. Along with the application for renewal of the passport the petitioner filed Ext.P3 extract from the school register as proof of his date of birth, wherein his date of birth is shown as 14.03.1961. However the 2nd respondent refused to accept the application since the date of birth of the petitioner shown in Ext.P2 passport is different from the date of birth shown in Ext.P3. Therefore the petitioner filed an application for correction of his date of birth in the passport. The same is refused to be considered by the 2nd respondent on the ground that the petitioner has to obtain a declaratory order from a competent civil court regarding his correct date of birth. W.P.(C)No. 17606 of 2010 -2- 2. I have heard the learned Assistant Solicitor General also. The Assistant Solicitor General submits that, the petitioner had obtained the passport originally from Mumbai Passport Office and it is not known as to on the strength of which document the petitioner's date of birth has been entered originally in the passport, without ascertaining which it is not possible to consider the application for correction of the date of birth in the passport submitted by the petitioner. The Assistant Solicitor General also points out that in a decision of this court in Aboo v. Regional Passport Officer (2008 (1) KLT 992) this court has held that when the Passport Officer is unable to effect correction of the date of birth he may direct the party to obtain a declaratory order from the concerned civil court. The Assistant Solicitor General therefore submits that, the petitioner has to obtain a declaration from the competent civil court for enabling the 2nd respondent to effect correction of the date of birth in the passport of the petitioner. W.P.(C)No. 17606 of 2010 -3- 3. I have considered the rival contentions in detail. Of course, in the decision in Aboo's case this court has held that when the Passport Officer is unable to correct the date of birth in the passport he can require the party to produce declaratory order from the competent civil court. But according to me, that is only where on account of some reasons such as conflict between certificate issued by two different authorities and the Passport Officer cannot choose between them, the Passport Officer can direct the party to get a declaration from the competent civil court. Here, no such situation arises. The petitioner has produced an extract from the school admission register. It is for the Passport Officer to consider the documents to be submitted by the petitioner and to see whether on the basis of those documents the date of birth of the petitioner in the passport can be corrected. Accordingly this writ petition is disposed of with the following directions: The petitioner shall produce the original of the documents on the basis of which he claims correction of W.P.(C)No. 17606 of 2010 -4- date of birth before the Passport Officer. The Passport Officer shall consider the same and take a decision as to whether or not the petitioner's date of birth can be appropriately corrected in the passport based on those documents. This shall be done within a period of one month from the date of receipt of the original documents from the petitioner. S. SIRI JAGAN JUDGE shg/