1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.3935 of 2011 S.Mohaideen ... Petitioner Vs. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002. ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to cause change of entry on the petitioner's renewed Passport (vide Passport No.F7919864) with regard to place of birth from "Thiruvaiyaru" to "Sembikulam" and further direct the respondent to issue a fresh passport after setting right such correction within prescribed time. For Petitioners : Mr.R.Anand For Respondent : Mr.K.K.Senthilvelan ASGI O R D E R Mr.K.K.Senthilvelan, learned counsel takes notice on behalf of the respondent. By consent, the writ petition itself is taken up for final disposal at the admission stage. 2.The petitioner has come forward with the peculiar prayer. According to him, he has applied for passport in the year 1996 and has renewed in the year 2006. But even when the original passport was issued in the year 1996 instead of mentioning the place of birth as "Sembikulam" but it has been mistakenly mentioned as "Thiruvaiyaru". He would further contend that this matter was informed to the passport authorities in the year 1996 itself and at that time they requested that it will be done at the time of renewal. Again at the time of renewal in the year 2006, he made oral request and that was not considered and thereafter, he has made a representation dated 11.02.2011 and that representation, he wants to be considered for grant of passport in the revised place of birth. 3.From the affidavit, it is very clear that the passport issued as early as in the year 1996 and further renewed in the year 2006. Even according to the petitioner, no written representation has been made to the passport authorities. It is very far-fetching to say that he has obtained with wrong entry in the place of birth in the pass port, if the wrong entry has been made, it is the duty of the petitioner to https://hcservices.ecourts.gov.in/hcservices/ 2 immediately notify the passport authorities and seek for modification, alteration and corrections which till date has not been done. Further, in the affidavit, he would contend that in the place of employment, there used to be often inspection by the security personals of that country so as to verify about the fact as to whether any person has come unauthorisedly or not and in fact while at the time of such verification, the petitioner not only show the passport but also its supportive documents namely birth certificate. Whenever such inspection is made, in view of the reason that the place of birth shown in his passport does not have any corresponding entry in his birth certificate and now he is used to be seen under suspicious manner and he is now facing lot of difficulty and therefore, he filed the present writ petition alleging that he has made representation on 11.02.2011 seeking for modification in the passport. 4.Therefore,, it is clear that the present writ petition is being filed by the petitioner apprehending danger at the time of verification by the authorities in foreign country regarding his passport. Now to get over the difficulty he simply comes to court with an innocuous prayer to consider his representation to alter the place of birth. Actually, he has not made any complaint to the passport authorities till date. But under the guise of an innocuous prayer, he wants to alter the passport issued in 1996 and renewed in 2006 which cannot be permitted. 5.In this connection, it is useful to refer the decision of this Court in M.Ingaci Vs.The Commissioner, Devakottai & others reported in 2010 2 L.W. 785 wherein, it has been held that under the guise of a representation, if anything is ordered, it will give disastrous consequences. In paragraph 19, it is held thus: "19.There are also several instances where unscrupulous petitioners with the connivance of "pliable" authorities have misused the direction "to consider" issued by court. We may illustrate by an example. A claim, which is stale, time-barred or untenable, is put forth in the form of a representation. On the ground that the authority has not disposed of the representation within a reasonable time, the person making the representation approaches the High Court with an innocuous prayer to direct the authority to "consider" and dispose of the representation. When the court disposes of the petition with a direction to "consider", the authority grants the relief, taking shelter under the order of the court directing him to "consider" the grant of relief. Instances are also not wanting where authorities, unfamiliar with the process and practice relating to writ proceedings and the nuances of judicial review have interpreted or understood the order "to consider" as directing grant of relief sought in the representation and consequently granting reliefs which otherwise could not have been granted. Thus, action of the authorities granting undeserving relief, in pursuance of orders to "consider", may be on account of ignorance, or on account of bona fide belief that they should grant relief in view of the court's direction to "consider" the claim, or on account of collusion/connivance between the person making the representation and the authority deciding it. Representations of daily wagers seeking regularisation/absorption into regular service is a species of https://hcservices.ecourts.gov.in/hcservices/ 3 cases, where there has been a large-scale misuse of the orders "to consider". 6.In view of the said legal position, the writ petition is not maintainable and accordingly, the same is dismissed. No costs. sms Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar To The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002. Writ Petition (MD)No.3935 of 2011 Dated:01.04.2011 3P/2C RPB 19.04.2011 https://hcservices.ecourts.gov.in/hcservices/