IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 20438 of 2009(Y) -------------------------- PETITIONER: --------------- SURESH ALAPPUZHA AYYAPPANKUTTY, ALAPPUZHA HOUSE, P.O.KANDASANKADAVU, THRISSUR, KERALA-680 613. BY ADV. SRI.T.C.SURESH MENON SRI.C.A.ANOOP RESPONDENTS: --------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE BUILDING, PANAMPILLY NAGAR, KOCHI. ADV. SRI.P.P.PADMALAYAN, C.G.C FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.20438 of 2009 -------------------------- Dated this the 11th August,2009 J U D G M E N T Petitioner was the holder of passport, which was issued to him in the year 1999 as evidenced by Ext.P1 and the same expired in the year 2003. He decided to procure a new passport. He submitted an application in that regard. There is a discrepancy in the date of birth noted in the passport as per Ext.P2. He then submitted an application for correction of date of birth of the passport. Respondents have taken the stand that the difference in the date of birth is a period of five years and in such circumstances, going by Ext. R1(a) circular since what is involved is not the correction of clerical error, a judgment from a competent court of jurisdiction is required. 2. I am unable to find any error in the stand taken by the respondents. Therefore, the petitioner may prosecute his request for correction of date of birth after moving the Civil court and the Civil Court passing W.P ( C) No.20438 of 2009 2 an appropriate order in that regard. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.20438 of 2009 3 W.P ( C) No.20438 of 2009 4