IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 24185 of 2009(P) -------------------------- PETITIONER(S): --------------- RUBY VARGHESE, W/O.ANTONY YACOB, AGED 46 YEARS, CHAKIETH HOUSE, PALISSERY, PADUVAPURAM P.O., KARUKUTTY GRAMA PANCHAYATH, ALUVA TALUK, ERNAKULAM DISTRICT. NOW RESIDING AT KACHAPPILLY HOUSE, EZHATTUMUGHAM P.O., ERNAKULAM. BY ADV. SRI.B.N.SHIVSANKAR RESPONDENT(S): --------------- 1. THE REGIONAL PASSPORT OFFICER, ERNAKULAM. 2. THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. ADV. SRI.P.MURALEEDHARAN, ADDL.CGSC FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).24185/2009 -------------------- Dated this the 28th day of August, 2009 JUDGMENT Petitioner's passport expired on 21.1.1991. The date of birth as noted in the said passport was 26.12.1953. According to the petitioner, actual date of birth is 1.5.1963. This is evidenced by Exts.P3, P5 and P6. She approached the Passport Officer for a correction of date of birth. She has been asked to get a declaration in that behalf from a competent Court. 2. I heard learned counsel on both sides. It cannot be said that the stand taken by the respondents is unsustainable or illegal. After all, the difference in the date of birth as mentioned in the passport which had expired in the year 1991, and that the date of birth now claimed by the petitioner is 10 years. Such a considerable difference in the date of birth as claimed by the applicant and as noted in the passport, cannot be resolved by the Passport Officer. A declaration by a judicial forum would be appropriate. W.P.(C).24185/09 2 Petitioner is at liberty to take appropriate steps in this regard. Writ petition is disposed of as above. V.GIRI, Judge mrcs