IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 29399 of 2009(T) -------------------------- PETITIONER(S): --------------- MAHAMOOD MULLAKKETTIL PUTHIYA PURAYIL, S/O. LATE MUHAMMED ACHI, AGED 54 YEARS, RESIDING AT MULLAKKETTIL PUTHIYAPURAYIL HOUSE, P.O.ETTIKULAM, RAMANTHALI(VIA), KANNUR DISTRICT, KERALA. BY ADV. SRI.E.N.VISHNU NAMBOODIRI SRI.S.P.SURESH KUMAR SRI.ROY THOMAS (MUVATTUPUZHA) RESPONDENT(S): --------------- 1. GOVERNMENT OF INDIA (MINISTRY OF EXTERNAL AFFAIRS), REPRESENTED BY CHIEF SECRETARY. 2. THE PASSPORT & ISSUING AUTHORITY, EMBASSY OF INDIA, ABU DHABI. (R1 and R2 deleted from the array of parties as per order dated 19.10.09) 3. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, KOZHIKODE. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R1 TO R3 SRI.T.A.SHAJI,AMICUS CUREAE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29399 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF PASSPORT ISSUED AFTER RENEWAL FROM THE EMBASSY OF ABU DHABI EXT.P2- TRUE COPY OF APPLICATION FOR CORRECTION OF DATE OF BIRTH IN PASSPORT SUBMITTED BY PETITIONER BEFORE THIRD RESPONDENT WITH TRUE COPY OF THE NOTARY ATTESTED AFFIDAVIT AS PER SECTION V OF THE BOOKLET EXT.P3- TRUE COPY OF INFORMATION BOOKLET ISSUED WITH THE PASSPORT BY THE RESPONDENTS. (TRUE COPY) P.A TO JUDGE P.N.RAVINDRAN, J ------------------- W.P.(C).29399/2009 -------------------- Dated this the 10th day of December, 2009 JUDGMENT Heard Sri.E.N.Vishnu Namboodiri, the learned counsel appearing for the petitioner, Sri.T.P.M.Ibrahim Khan, the learned counsel appearing for the respondents and Sri.T.A.Shaji, the learned Amicus Curie appointed by this Court. 2. The petitioner had initially applied to the Regional Passport Officer, Kozhikode, for a passport and on that application, the original of Ext.P1 passport was issued to him on 22.8.1993. The petitioner is an illiterate person. His date of birth is also not registered. Therefore, when he applied for a passport, he has submitted an affidavit to the effect that he was born on 28.12.1951. The passport originally issued to the petitioner was valid for a period of ten years. He thereafter got it renewed. In the renewed passport also his date of birth is shown as 28.12.1951. While matters stood thus, he submitted an application for a fresh passport. In the said application the petitioner stated that his date of birth is W.P.(C).29399/09 2 28.12.1955. Since there was disparity in the date of birth, the said application was not entertained. This writ petition was thereupon filed interalia seeking a direction to the respondents to change the date of birth of the petitioner in his passport from 28.12.1951 to 28.12.1955. 3. It is evident from the materials placed on record that the petitioner who has not attended school or whose birth was not registered had given his date of birth as 28.12.1951 when he applied for Ext.P1 passport. He had not produced any material to show that the entry regarding his date of birth is in any way mistaken. The petitioner has not produced any document which will lend credence to his plea that his date of birth was wrongly given when he initially applied for a passport. In such circumstances, as the petitioner has not established that his date of birth is 28.12.1955 by any cogent evidence, I find no reason to accept his plea that he was born on 28.12.1955. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is accordingly dismissed with the observation that nothing contains in this judgment W.P.(C).29399/09 3 will stand in the way of the petitioner from applying for a fresh passport or from getting his passport renewed with the date of birth shown as 28.12.1951. P.N.RAVINDRAN, Judge mrcs