IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 423 of 2007(A) ----------------------------------- CRMP.21/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,NEDUMANGAD .................... PETITIONER(S): ----------------------- MANU SREEKUMAR PILLAI, AKARATHIL, PUTHUKULANGARA, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT, MINOR REPRESENTED HIS FATHER AND GUARDIAN/NEXT FRIEND SHRI SREEKUMAR OF -DO- -DO-. BY ADV. MR.M.R.RAJESH SMT.A.K.PREETHA SMT.BINDHYA JOSE RESPONDENT(S): ------------------------ STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 423/2007-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION FOR CHANGE OF NAME FILED CRL.MP.21/2007 BEFORE THE JFCM-I, NEDUMANGAD WITH THE CONNECTED DOCUMENTS. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 423 OF 2007 =========================== Dated this the 13th day of November,2009 JUDGMENT This petition is filed under Article 226 of the Constitution of India to declare the name of the petitioner who is the holder of Indian Passport No.F 5456076 is changed from Abhimanue to Manu Sreekumar Pillai. An interim prayer was sought to direct Judicial First Class Magistrate Court-I, Nedumangadu to dispose off Ext.P1 application which is a petition seeking the main relief sought for in this petition. As per order dated 5.10.2007 this court has already granted a provisional declaration that petitioner, the holder of Indian Passport No.F5456076 has changed his name from Abhimanue to Manu Sreekumar Pillai. The petition was kept pending only to decide the question of jurisdiction of the Magistrate to grant a W.P.(C)423/2007 2 declaration. In view of the decision of the learned single Judge (Ramkumar,J) in Aboo v. Regional Passport Officer (2008(1) KLT 992), I find no necessity to reconsider the question again. Based on the circulars issued by the Ministry of External Affairs, modifying the earlier circular which had provided jurisdiction of the Magistrate, it was held that Judicial First Class Magistrate has no jurisdiction to decide the question regarding the correction of the date of birth or place of birth in the passport. As the declaration sought for is already granted and a direction to the Magistrate cannot be granted, the petition is closed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006