IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WP(C).No. 25859 of 2008(C) -------------------------- PETITIONER: ------------ LENY ELIZABETH CHERIAN, KONNAMOOTTIL VALEL HOUSE, ANJILITHANAM, THIRUVALLA. BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM SRI.R.VINU RAJ RESPONDENTS: ------------- 1. UNION OF INDIA - REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, THIRUVANANTHAPURAM. BY ASG SRI.P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).25859/2008 -------------------- Dated this the 15th day of September, 2008 JUDGMENT The petitioner, who claims to have been born on 21.2.1985, which fact, according to her, is evidenced by Ext.P2 the certificate issued by the Registrar of Births & Deaths, Calcutta Municipal Corporation, is aggrieved by the incorrect date of birth as entered in her passport as evidenced by Ext.P3. She then approached the second respondent for correction of date of birth in Ext.P3. Apparently, she was asked to get declaratory order from the Court. Petitioner submits that as per the recent circular issued by the Central Government on 24.10.2007, the declaratory order from the Court is not always necessary where the concerned competent officer itself is in a position to verify whether there is any defect and then take appropriate action thereon. Learned counsel appearing on behalf of the respondents submits that going by the recent circular, such powers are available to the second respondent. W.P.(C).25859/2008 2 2. In the result, writ petition is disposed of directing the second respondent to consider any application filed by the petitioner for correction of her date of birth as entered in her passport in accordance with law and take a decision thereon within one month from the date on which the passport, along with the application, is presented before the second respondent. V.GIRI, Judge mrcs