IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 27819 of 2009(V) ------------------------------------- PETITIONER(S): ------------------------ SUNNY P.O.,S/O.OUSEPH, AGED 48,PATTATHUPARAMBIL HOUSE,KADUPPASSERY P.O., IRINJALAKKUDA,THRISSUR DISTRICT,KERALA STATE. BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): ------------------------ THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE,KOCHI. ADV. MR.TOJAN J.VATHIKULAM, ADDL.CGSC BY ADV. MR.T.P.M.IBRAHIMKHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27819/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPIES OF THE RELEVANT PAGES OF THE PETITIONER'S PASSPORT DTD. 19.6.02 BEARING NO.A.957/6389. P2:- COPY OF THE PETITIONER'S S.S.L.C. BOOK'S PAGE 1. P3:- COPY OF THE PETITIONER'S BIRTH CERTIFICATE SHOWING THE CORRECT DATE OF BIRTH AS 20.5.1961. P4:- COPY OF THE APPLICATION DTD. 24.8.09 BEFORE THE RESPONDENT. P5:- COPY OF THE POSTAL REGISTRATION RECEIPT. TRUE COPY P.S. TO JUDGE tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 27819 of 2009 - V ---------------------------------------- Dated 15th October, 2009 Judgment Heard Dr.V.N.Sankarjee, the learned counsel appearing for the petitioner and Sri.T.P.M.Ibrahim Khan, the learned Assistant Solicitor General of India appearing for the respondent. 2. The petitioner applied to the Regional Passport Officer, Kochi for correction of the date of birth in his passport. The said application was not given in the prescribed form. Therefore, the Regional Passport Officer declined to act on it. This writ petition was thereupon filed seeking a direction to the Regional Passport Officer, Kochi to effect necessary corrections in the Passport. 3. The learned Central Government Standing Counsel has filed a statement on 14.10.2009. Paragraphs 2, 3 and 4 thereof read as follows: “2. The above writ petition is devoid of any merit and the same is filed on an experimental basis. It is submitted that the writ petitioner has not approached the respondent with relevant materials W.P.(C) No.27819/2009 2 in proper form for correction of the date of birth, before filing the writ petition. The Ext.P4 application is not in the statutory/prescribed format and the same cannot be considered by the respondent. The above representation is therefore not liable to be considered and no direction can be issued to the respondent herein to act upon the same. 3. As per the Circular Instructions relevant for correction of date of birth in passport require submission of fresh application together with the fee for issuance of fresh passport along with relevant documents in support of the claim for correction of the entry already made. Therefore, it is for the petitioner to approach the respondent with necessary application in the prescribed format together with the required fee for issuance of fresh passport, as there is no provision for correcting the existing entry in the current passport. 4. In this regard it is submitted that the respondent has no objection in issuing a fresh passport with his correct date of birth as per the Birth Certificate issued by the Registrar of Births and Deaths, provided he submits a fresh application with required fee along with relevant documents.” 4. It is evident from the stand taken by the Regional Passport Officer that petitioner's application was not in the prescribed form. It is also evident that if the petitioner makes a fresh application in the prescribed form accompanied by the relevant documents, a fresh passport will be issued to him showing the correct date of birth. In such circumstances, I W.P.(C) No.27819/2009 3 dispose of this writ petition with a direction that in the event of the petitioner filing an application for a fresh passport surrendering his existing passport accompanied by the relevant documents, the Regional Passport Officer, Kochi shall consider the same and issue a fresh passport to the petitioner if the application is otherwise in order and there is no impediment in issuing a fresh passport to the petitioner. Needful in the matter shall be done within two months from the date on which the petitioner submits a fresh application accompanied by the relevant documents. P.N.RAVINDRAN Judge vaa