IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 19115 of 2011(L) -------------------------- PETITIONER(S): ---------------------- JOHNSON GEORGE, KUNTHARAYIL HOUSE, NARAKATHANI P.O., VENNIKKULAM, PATHANAMTHITTA. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): ------------------------- 1. THE REGIONAL PASSPORT OFFICER THIRUVANANTHAPURAM - 695 001. 2. ATTACHE (CONSULAR) EMBASSY OF INDIA, ABU DHABI, P.B - 002 15011 BY SRI. P. PARAMESWARAN NAIR, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19115 of 2011 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT BEARING No.J.5327746 EXT.P2: TRUE COPY OF THE RELEVANT PASE OF S.S.L.C. BOOK. EXT.P3: TRUE COPY OF THE BIRTH CERTIFICATE ISSUED FROM THE EZHUMATTOOR GRAMA PANCHAYATH DATED 14.3.2005 EXT.P4: TRUE COPY OF THE APPLICATION DATED 11.7.2011. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. Kp/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 19115 OF 2011 -------------------------- Dated this the 14th day of July, 2011 J U D G M E N T The petitioner, an Indian citizen, is the holder of passport bearing No.J5327746 issued from the Consulate at Abu Dhabi on 18.1.2011. In that passport his date of birth is shown as 6.5.1972. It is stated that the petitioner was born on 6.5.1973 and that in the application for passport, he had erroneously given the date of birth as 6.5.1972. The petitioner submits that though he approached the first respondent with the original of Ext.P4 request to correct the mistaken entry regarding the date of birth in the original of the passport, accompanied by attested copies of the Secondary School Leaving Certificate (Ext.P2) and the certified extract from the Register of Births (Ext.P3), the first respondent declined to accept the application on the ground that the petitioner should produce a declaration from a competent court regarding his date of birth. This writ petition is filed seeking a directing to the first respondent to correct the petitioner's date of birth in his passport as 6.5.1973 instead of 6.5.1972. WPC No.19115/2011 2 2. Heard Sri.T.P.Pradeep, learned counsel appearing for the petitioner and Sri.P.Parameswaran Nair, learned Assistant Solicitor General of India appearing for the respondents. The learned counsel appearing for the petitioner submitted that as per the circular dated 29.10.2007 issued by the Government of India, in the case of a citizen whose birth has been registered it is enough if a certified extract from the Register of Births issued by the local authority is produced for effecting necessary corrections in the passport. The learned counsel submitted that the petitioner's birth was registered by Registrar of Births & Deaths of Ezhumattoor Grama Panchayat in Pathanamthitta District and that Ext.P3 is the certified extract from the Register of Births issued by the Registrar of Births and Deaths of that local authority. 3. Sri.P.Parameswaran Nair, learned Assistant Solicitor General of India appearing for the respondents submitted that the first respondent will consider the petitioner's application for correction of his date of birth, if such an application is tendered along with a certified extract from the Register of Births and an attested copy of the Secondary School Leaving Certificate in the light of the circular dated 29.10.2007 issued by the Ministry of External Affairs, WPC No.19115/2011 3 Government of India and take an appropriate decision thereon expeditiously. 4. The petitioner has in the writ petition stated that he is employed at Abu Dhabi and that he is presently on leave in his home town. It is also stated that the leave will expire on 31.7.2011. Having regard to the said fact, I dispose of the writ petition with a direction that in the event of the petitioner filing an application for correction of the date of birth in his passport, accompanied by the receipt evidencing payment of the prescribed fee and an attested copy of the Secondary School Leaving Certificate and the certified extract from the Register of Births along with a certified copy of this judgment, the first respondent shall take an appropriate decision thereon expeditiously and in any event within one week from the date of receipt of the application. P.N.RAVINDRAN, (JUDGE) vps WPC No.19115/2011 4