IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 7912 of 2010(L) ------------------------- PETITIONER: --------------- SURESH KUMAR.V, S/O.VASUDEVAN NAIR, AGED 44 YEARS, VATTAMUKADIYIL KIZHAKKETHIL, KAIPUZHA, KULANADA, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENT(S): --------------- 1. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, THIRUVANANTHAPURAM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.7912 OF 2010 ----------------------------------------------------- DATED THIS THE 11th DAY OF MARCH, 2010 J U D G M E N T The petitioner herein is seeking for a correction of the entry regarding date of birth in the passport. The correct date of birth of the petitioner is 5.5.1965 and Exhibit P1 is the copy of the birth certificate issued by the Registrar of Birth and Death, Kulanada Grama Panchayat. In the passport, the date of birth is shown as 24.1.1960. Exhibit P2 is the relevant page of the passport. 2. The petitioner is seeking for a correction of date of birth in the passport, in the light of the entry in the birth register. It is the case of the petitioner that in the light of the availability of the authentic document with regard to his date of birth, i.e., copy of the birth register from the local authority, a declaration from the criminal court is not necessary. Reliance is placed on Exhibit P4 judgment of this Court in W.P.(C)No.25859/08 wherein in similar circumstances this Court considered the plea for correction of the passport and as per the circular dated 24.10.2007 a declaration or 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 an action thereon. W.P.(C)No.7912/10 -2- 3. Heard the learned counsel appearing for the petitioner and the learned Assistant Solicitor General, appearing for the respondents. The learned counsel appearing for the respondents submitted that going by the circular, such powers are available to the 2nd respondent. 4. Therefore the Writ Petition is disposed of directing the 2nd respondent herein to consider the application filed by the petitioner for correction of the date of birth as entered in the passport in accordance with law, after considering the original of Exhibit P1. Appropriate action will be taken within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn