IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34876 of 2011(H) -------------------------------------- PETITIONER(S): --------------------- SAIDAMADAKATH LAINCHERAPURAYIL MUHAMMED BASHEER, AGED 48 YEARS, S/O. M.T.P.ABDUL SALAM HAJI, ETTIKKULAM.P.O., KANNUR DISTRICT. BY ADVS. SRI. E.N.VISHNU NAMBOODIRI SRI. S.P. SURESH KUMAR. RESPONDENT(S): ------------------------- 1. THE PASSPORT OFFICER, PASSPORT OFFICE, KOZHIKODE. 2. UNION OF INDIA, REPRESENTED BY SECRETARY, DEPARTMENT OF EXTERNAL AFFAIRS, NEW DELHI. BY SRI. P. PARAMESWARAN NAIR, A.S.G. OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS WP(C).No. 34876/2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT-P1 : COPY OF THE RELEVANT PAGES OF THE PASSPORT NO.E 5841433 OF THE PETITIONER. EXHIBIT-P2. : COPY OF EXTRACT OF ADMISSION REGISTER ISSUED BY THE HEADMASTER OF ABDU RAHIMAN SAHAB SMARAKA GOVERNMENT HIGH SCHOOL, ETHIKULAM TO THE PETITIONER. EXHIBIT-P3 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT-P4 : COPY OF THE JUDGMENT DATED 11.3.2010 IN W.P.(C) NO.33498/2009 OF THIS HON'BLE COURT. EXHIBIT-P5 : COPY OF ELECTORAL IDENTITY CARD OF THE PETITIONER ISSUED BY ELECTION COMMISSION OF INDIA. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS ANTONY DOMINIC, J ....................................................... W.P.(C).34876/2011 .............................................. Dated this the 23rd day of December, 2011 JUDGMENT Petitioner is the holder of Indian passport No. E 5841433. According to him, though his actual date of birth is 27.5.1963, it has been wrongly recorded in the passport as 22.12.1960. Therefore, the petitioner made Ext.P3 application to the first respondent for its correction. It is stated that along with Ext.P3, he had also produced the extract from the S.S.L.C Book evidencing his date of birth. However, his application was rejected by the first respondent with an endorsement that the petitioner has not produced the Court order or birth certificate. It is there upon, this writ petition has been filed challenging the rejection of his application relying on Ext.P4 judgment of this Court in W.P.(C). 33498/2009. 2. Heard the learned Standing Counsel appearing for the respondents also. It is now submitted by the respondents that going by the provisions of the Passport Manual, respondents could have acted upon the details available in the S.S.L.C Book. If that be the position, rejection of the petitioner's application cannot be sustained. W.P.(C).34876/2011 2 3. Therefore, I dispose of this writ petition directing that it will be open to the petitioner to present his application enclosing extract from the S.S.L.C book in which event, the same will be accepted and dealt with by the respondents in accordance with the provisions of the Passport Manual. ANTONY DOMINIC, Judge mrcs