IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34124 of 2008(K) -------------------------- PETITIONER(S): --------------- LIJO MATHEW, S/O.MATHULLA MAMMEN, VATHAPPALLIL KOCHUPARAMBIL HOUSE KUNTHIRICKAL PO., THALAVADY, ALAPPUZHA. BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------- 1. UNION OF INDIA REP. BY ITS SECRETARY MINIASTRY OF EXTERNAL AFAIRS CENTRAL SECRETARIATE, NEW DELHI. 2. PASSPORT OFFICER, REGIONAL PASSPORT OFFI CE, KAITHAMUKKU, TRIVANDRUM ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).34124/2008 -------------------- Dated this the 19th day of November, 2008 JUDGMENT The petitioner, who claims to have been born on 14.10.1984, which fact, according to him, is evidenced by Ext.P1 the certificate issued by the Registrar of Births & Deaths, Thiruvalla Municipality, is aggrieved by the incorrect date of birth as entered in his passport as evidenced by Ext.P4. He then approached the second respondent for correction of date of birth in Ext.P4. Apparently, he 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).34124/2008 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 his date of birth as entered in his 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