1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.1351 of 2011 P.Gunasekaran : Petitioner Vs. The Regional Passport Officer, Passport Office, Bharathi Ula Road, Madurai-625 002. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to consider the petitioner's application dated 20.01.2011 for correcting his actual date of birth as 28.02.1971 instead of 29.02.1971 in the passport bearing number A9307689 within the period that may be stipulated by this Court. For Petitioner :Mr.V.P.Rajan For Respondent :Mr.G.Ranagarajan O R D E R The petitioner seeks a Writ of Mandamus directing the respondent to consider his application, dated 20.01.2011, for correcting his actual date of birth as 28.02.1971 instead of 29.02.1971 as indicated in Passport No.A9307689. 2. The petitioner was issued a passport on 19.05.2001. Even though his date of birth is stated to be 28.02.1971, it was wrongly mentioned as 29.02.1971 in the passport issued by the passport Officer, Trichirappalli. When the petitioner found this mistake, he made an application before the respondent on 20.01.2011. The said application was not considered and therefore, the petitioner was constrained to file the Writ petition. 3. The respondent has filed a counter affidavit wherein it was indicated that the date of birth mentioned in the passport appears to be wrong as there was no 29th day in February, 1971. According to the respondent, the petitioner has to produce documents to show that he was born on 28.02.1971. In short the respondent pleads his inability to correct the date of birth on account of non production of documents indicating the actual date of birth. 4. In the passport issued by the respondent, the date of birth of the petitioner was mentioned as 29.02.1971. Therefore, it is for the respondent to clarify as to how they have issued the passport indicating the date of birth as 29.02.1971. Admittedly, the year of 1971 was not a leap year and as such it cannot be said that there were 29 days in the month of February in the year 1971. The respondent has not indicated anything in the counter affidavit about the required documents, for the purpose of correction of date of birth. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The learned counsel for the respondent submits that in the absence of required documents, the petitioner has to produce affidavit indicating the actual date of birth. 6. The application submitted by the petitioner is now pending before the respondent. It is for the respondent to inform the petitioner about the documents required for correction of date of birth. The petitioner appears to have studied upto 9th standard. Therefore, it is possible for him to obtain certificate from the educational institution showing his correct date of birth. 7. Therefore, I am of the view that in case the petitioner produces the required documents, the matter should be considered by the respondent. 8. Accordingly, the respondent is directed to inform the petitioner about the documents required for correction of the date of birth in the passport issued to the petitioner. In any case, the respondent has to pass appropriate orders as expeditiously as possible not later than four weeks from the date of production of required documents by the petitioner. 8. The Writ petition is disposed of with the above direction. No Costs. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(C.S) To The Regional Passport Officer, Passport Office, Bharathi Ula Road, Madurai-625 002. +1 CC to Mr. V.P.Rajan, Advocate, SR.No.10424 pm W.P.(MD)No.1351 of 2011 25.02.2011 TR : 08.03.2011 : 2p/3c https://hcservices.ecourts.gov.in/hcservices/