IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Crl.MC.No. 3431 of 2008() ------------------------- CMP.1942/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS-II,MAVELIKKARA .................... PETITIONER/PETITIONER --------------- RAVEENDRAN PILLAI.G., 47 YEARS S/O.N.GOPALA PILLAI,VETTATHUKOYICKAL HOUSE, MATTOM NORTH, MAVELIKARA, ALAPPUZHA, KERALA STATE, INDIA, R/AT. P.O.BOX.NO.30094, SHARJAH, UAE. BY ADV. SRI.N.SURESH SRI.JIJI MATHEW RESPONDENTS/RESPONDENT & STATE --------------- 1. VICE CONSUL.CONSULATE GENERAL OF INDIA, DUBAI, U.A.E. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITUWIKREP. BYASG OF INDIA ASGI REP. BY SMT.GOVINDU P.RENUKA DEVI, C.G.C. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS ANNEXURE A: TRUE COPY OF PASSPORT BEARING NO.Z.1550690 ANNEXURE B: TRUE COPY OF BIRTH CIRTIFICATE OF PETITIONER. ANNEXURE C: TRUE COPY OF PETITION C.M.P.NO.1942/2008 FILED BY PETITIONER BEFORE J.F.C.M.II, MAVELIKARA ANNEXURE D: TRUE COPY OF ORDER DATED 29-7-08 IN CMP 1942/2008 J.F.C.M. II, MAVELIKARA /True Copy/ PA to Judge V.RAMKUMAR & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.3431 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2011 ORDER Ramkumar, J. This Cr.M.C. has come up before us consequent on a reference by a learned Judge of this court ( Justice R.Basant) in view of the apparent conflict between Jismol Joseph v. Union of India ( 2003(3)KLT 265 and Aboo v. Regional Passport Officer ( 2008(1) KLT 992). In the first of the above rulings, a learned Judge of this court observed as follows :- “ There are series of decisions of this court holding that the Judicial Magistrate can decide the question if moved in that behalf, for the purpose of altering the date of birth or place of birth in the passport. This court had to issue those directions only because of the doubt expressed by the Judicial Magistrates of some courts regarding their jurisdiction to do so. In the light of those decisions there cannot be any doubt that the Judicial Magistrate has the jurisdiction.” 2. Subsequently, one of us sitting single considered Jismol Crl.M.C.No.3431/2008 2 Joseph v. Union of India ( 2003(3)KLT 265) in Aboo v. Regional Passport Officer( 2008(1) KLT 992) and held that in Jismol's case no specific source of power was traced to confer jurisdiction in the Judicial Magistrate of First Class to pass declaratory orders. Referring to the subsequent circulars issued by the Ministry of External Affairs and also to the information booklet , this court held in Aboo's case that there is no subsisting provision in those circulars or information booklet enabling an applicant to approach a Judicial Magistrate for getting declaratory orders with regard to the date of birth and that if at all any such declaratory orders could be obtained from a court of law that could only be from a competent civil court having jurisdiction. In fact, subsequent to Aboo's case, the Ministry of External Affairs had issued Circular No.VI/401/2/1/2005 dated 15/04/2009 adverting to Aboo's case ( Crl.M.C.No.346/08) and reiterating that for getting declaratory orders, the applicants will have to approach the competent civil courts and not the Judicial Magistrates. We therefore, affirm Aboo's case and overrule Jismol Joseph v. Union of India which was not rendered on the strength of any authority or precedent will have no Crl.M.C.No.3431/2008 3 binding effect. 3. The petitioner's application ( C.M.P.No.1942/2008) for correction of date of birth in the passport by issuing a declaratory order was rightly turned down by the JFCM II, Mavelikkara. The remedy, if at all there is one for the petitioner is before the competent civil court. This Crl.M.C. is accordingly dismissed and the reference is answered accordingly. V.RAMKUMAR, JUDGE P.Q.BARKATH ALI, JUDGE sv. Crl.M.C.No.3431/2008 4