IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 17049 of 2011(E) -------------------------- PETITIONER(S): --------------- ABDUL JALEEL, AGED 44 YEARS, S/O.KOCHUNNI, MADATHIL HOUSE, PANAYIKULAM P.O., ALANGAD, PIN-683511, ERNAKULAM DISTRICT. BY ADV. SRI.T.K.SHAJAHAN RESPONDENT(S): --------------- 1. THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, GOVERNMENT OF INDIA, NEW DELHI-1. 2. THE REGIONAL PASSPORT OFFICER, COCHIN PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM. R1 BY SRI. P. PARAMESWARAN NAIR, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17049 of 2011 APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE PASSPORT OF THE PETITIONER BEARING NO. F 890486 P2 : COPY OF THE RENEWED PASSPORT OF THE PETITIONER BEARING NO.B0988105 P3 : COPY OF THE EXTRACT OF SCHOOL ADMISSION REGISTER SHOWING THE CORRECT DATE OF BIRTH OF THE PETITIONER P4 : COPY OF THE DRIVING LICENSE OF THE PETITIONER SHOWING THE DATE OF BIRTH OF PETIITIONER RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smvd ANTONY DOMINIC, J. ================ W.P.(C) NO. 17049 OF 2011 (E) ===================== Dated this the 5th day of July, 2011 J U D G M E N T Ext.P1 is the passport bearing No. F 890486 obtained by the petitioner from the office of the 2nd respondent. That passport was renewed as is seen from Ext.P2. The case of the petitioner is that in both Exts.P1 and P2, his date of birth entered is 16/4/1964, where as his actual date of birth is 16/4/1967. In support of this contention, petitioner is relying on Ext.P3 extract of school admission register and Ext.P4 driving license. 2. It is the case of the petitioner that when the renewed passport also expired, he submitted an application for its renewal producing documents substantiating his case that the date of birth as originally entered was erroneous and seeking correction of date of birth in the renewed passport. It is stated that when the application was tendered, the 2nd respondent refused to accept the application and directed the petitioner to obtain a declaratory order from the court regarding his correct date of birth. With the above allegation this writ petition has been filed with the following main prayer:- WPC No. 17049/11 :2 : “i. issue a writ of mandamus or any other writ, order or direction calling for the records leading to Ext.P1 and P2 and direct the 2nd respondent to accept the passport renewal application from the petitioner and issue the renewed passport after correcting the entry of date of birth in the passport of the petitioner on the basis of Ext.P3 extract of School Admission Register.” 3. In support of his contention, counsel for the petitioner relies on the judgment of this Court in Aboo v. Regional Passport Officer (2008(1) KLT 992). Further, petitioner also referred to Ext.P5 Circular No.VI/401/2/5/2001 dated 29th October, 2007, issued by the Ministry of External Affairs, which also, according to the counsel supports his case that a declaratory order is unnecessary. 4. It is true that in the judgment relied on by the counsel for the petitioner, it has been held that there is no provision in any law for approaching the Judicial First Class Magistrate for obtaining a declaratory order regarding the date of birth. 5. In my view, if as contended by the petitioner, an application was made by him for renewal of the passport along with the documents substantiating that the date of birth as originally entered in the passport was an erroneous one, passport issuing authority is bound to accept the application, consider the WPC No. 17049/11 :3 : request of the applicant and pass appropriate orders in this matter. In this case, the grievance of the petitioner is that the passport issuing authority refused even to accept the application, which in my view is illegal. Therefore, I dispose of this writ petition directing that, if the petitioner makes an application for renewal of his passport along with the documents regarding his date of birth, the 2nd respondent will accept the application and other materials, consider the request of the petitioner in the light of the judgment and the circular referred to above and pass appropriate orders in the matter and communicate the same to the petitioner. ANTONY DOMINIC, JUDGE Rp