IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 5056 of 2009(B) ------------------------- PETITIONER(S): --------------- ACHAPULLY IBRAHIM, S/O.MOIDU MUSALIYAR, RESIDING AT ACHAPULLY HOUSE, P.O.AGALAD, VIA CHAVAKKAD, THRISSUR DISTRICT. (PETITIONER IS REP. BY HIS P/A HOLDER MR.ABOOBACKER, S/O.MOIDU MUSALIYAR, RESIDING AT ACHAPULLY HOUSE, P.O.AGALAD, VIA CHAVAKKAD, THRISSUR DISTRICT). BY ADV. MR.V.CHITAMBARESH, SENIOR ADVOCATE MR.T.C.SURESH MENON MR.JIBU P THOMAS MR.P.S.APPU MR.A.R.NIMOD MR.C.A.ANOOP RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF EXTERNAL AFFAIRS, SECRETARIAT, NEW DELHI. 2. THE CONSUL GENERAL, CONSULATE GENERAL OF INDIA, DUBAI, UNITED ARAB EMIRATES. 3. THE GENERAL DIRECTORATES FOR NATURALISATION AND RESIDENCE OF AJMAN, DUBAI, UNITED ARAB EMIRATES. 4. THE REGIONAL PASSPORT OFFICER, KOCHI. MR.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.5056 of 2009 --------------------------------- Dated, this the 16th day of February, 2009 J U D G M E N T Heard learned counsel for the petitioner and the learned Asst. Solicitor General appearing on behalf of the respondents. 2. The petitioner states that he is holding Ext.P2, an Indian Passport bearing No.E5667913, in which his date of birth was entered as 10/10/1959. Based on Ext.P3, an order passed by the Judicial First Class Magistrate, Kunnamkulam declaring that his date of birth is 15/01/1966, the said date was incorporated in Ext.P4, the renewed passport, that was issued bearing No.G8811645. It is stated that when the petitioner's employer made an application to the General Directorates for Naturalisation and Residence of Ajman for stamping the petitioner's Visa on the new passport, citing the discrepancy in the date of birth as entered in the new passport and the old one, the Directorate refused to stamp his Visa. This was intimated by the petitioner's employer to the 2nd respondent as per Ext.P5 communication dated 18/01/2009. 3. The petitioner complains that if the 2nd respondent gives WP(C) No.5056/2009 -2- a clarification that the date of birth now available in Ext.P4 passport is the corrected date of birth, and that it is more authentic than the date of birth which was originally entered in Ext.P2 passport, his employer will succeed in persuading the General Directorates for Naturalisation and Residence of Ajman to stamp his Visa. It is stated that due to the fact that the 2nd respondent has not responded to Ext.P5, his Visa has not been stamped and that as a result of which, when the present Visa expires on 26/02/2009, the petitioner is likely to be deported to India. It is in these circumstances, the writ petition is filed praying that the 2nd respondent be directed to issue such clarificatory orders, such as are warranted to get the petitioner's Visa stamped. 4. Obviously, there was a mistake in the date of birth as indicated in Ext.P2 passport, which has since expired. It was therefore that the petitioner obtained a declaration from the Judicial First Class Magistrate, Kunnamkulam, which is Ext.P3. In that order, the corrected date of birth of the petitioner is found to be 15/01/1966. It is that date of birth, which has been incorporated in Ext.P4, the new passport that has been issued to the petitioner. Therefore, for all purposes, the date of birth of the petitioner will be WP(C) No.5056/2009 -3- 15/01/1966, which is mentioned in Ext.P4 passport. 5. However, having regard to the fact that the Authorities of Ajman are refusing to act upon the new passport thinking that there is a contradiction in the date of birth, it is only appropriate that the 2nd respondent gives a clarification to the petitioner's employer in response to Ext.P5. The petitioner being an Indian citizen, it is the duty of the 2nd respondent to offer his helping hand, so that the petitioner can get his Visa stamped and remain in employment. 6. Now, that the petitioner's employer has made Ext.P5 to the 2nd respondent, I direct the 2nd respondent to issue necessary clarification in response to Ext.P5. This shall be done on an expeditious basis so that the petitioner's employer will be able to produce the same before the Authorities of Ajman to get the petitioner's Visa stamped. 7. The petitioner is directed to produce a copy of the judgment before the 2nd respondent, who shall take expeditious action in this regard. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg