IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 23405 of 2011(A) -------------------------- PETITIONER(S): ----------------------- JOHN RAJU @ RAJU.J, AGED 46 YEARS, K.JOHN, PARAVILA VEEDU, AMPALAKARA, UMMANNOOR P.O., KOLLAM-691547. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110001. 2. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, KAITHAMUKKU, THIRUVANANTHAPURAM-695011. ADV. SHRI LUIZ GODWIN D'COUTH, CGC FOR R1 R2 SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23405/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF RELEVANT PAGES OF PASSPORT BEARING NO.Z- 1257826. EXT.P2: TRUE COPY OF RELEVANT PAGE OFSSLC BOOK. EXT.P3: TRUE COPY OF BIRTH CERTIFICATE DATED 17.8.11. EXT.P4: TRUE COPY OF APPLICATION DATED 19.8.11. EXT.P5: TRUE COPY OF JUDGMENT DATED 14.7.11 IN WPC NO.19115 OF 2011. EXTS. OF R2 ANNEXURE R2(a): TRUE COPY OF THE PASSPORT MANUAL 2010(RELEVANT PAGES) //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23405 OF 2011 ===================== Dated this the 29th day of September, 2011 J U D G M E N T Ext.P1 passport was issued to the petitioner in which date of birth has been entered as 20/5/1962 and according to the petitioner, his correct date of birth is 20/5/1965. He made an application for correction. Petitioner wants to apply for correction of the said mistake and according to him his application was declined to be accepted and that led the petitioner to file this writ petition. 2. A statement has been filed by the respondents producing the Passport Manual, 2010, where they are relying on Clause 5.2.c which reads as under: “c. Where files have already been destroyed, PIAs could use their discretion in correction of date of birth without a court order and where such correction is only in months (not more than two years) and applicants provide satisfactory explanation that the same document(s) was provided at the time of initial passport application. DOB Affidavit should not be accepted for change in date of birth. Fresh fees will be charged.” 3. Thus, in the light of the said provision in the Passport Manual, which binds the respondents, since the correction sought for is beyond two years, the request should be accompanied by a WPC No. 23405/11 :2 : court order. In the light of the above, with liberty to the petitioner to apply in compliance with the said provision of the Passport Manual, this writ petition is closed. ANTONY DOMINIC, JUDGE Rp