The petitioner seeks for a mandamus directing the respondent to make necessary correction in the date of Birth.
2. According to the petitioner, he was born on 22.03.1978. In the passport issued by the respondent dated 10.04.1996, his date of birth was wrongly entered as 13.07.1974 based on an affidavit attested by the Notary Public. The petitioner's correct date of birth is on 22.03.1978. According to him, he has applied for a new passport for Pilgrimage purpose. Therefore, he seeks a direction to the respondent to issue a new passport based on his online application dated 11.02.2015. He has enclosed his Birth Certificate issued by the competent authority and also a copy of the Transfer Certificate. The petitioner now seeks a direction to the respondent to correct his date of birth as 22.03.1978 instead of 13.07.1974 in the passport.
3. The learned counsel appearing for the respondent has filed a detailed counter affidavit, in which it is firstly stated that at the time when the original passport was issued on 10.04.1996 the petitioner's date of brith was shown as 13.07.1974. Secondly, the passport has expired even in the year 2006. Thereafter, the petitioner has not applied for renewal of the passport. After 10 years has lapsed, the petitioner has come forward with this writ petition for change of date of birth, which may not be possible.
4. Heard both sides.
5. No doubt, the petitioner has come belately and this Court cannot direct the authority to change the date of birth. However, this Court can only direct the authority to consider the petitioner's application, in the light of the document produced by him. The petitioner only seeks a passport for pilgrimage purpose. Of course, he used the earler passport for more than three years containing his date of birth as 13.07.1974. The Department would contend that the petitioner would have changed his date of birth within a period of five years. However, the petitioner has approached the concerned department by filing the said application for change of date of birth.
6. In view of the above facts, the respondent is directed to consider the petitioner's application for altering his date of birth in the passport and pass necessary orders so that the petitioner's date of birth can be altered as 22.03.1978 instead of 13.07.1974 and such order shall be passed by the B.RAJENDRAN,J kkd respondent within a period of six weeks from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.