HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33604 of 2014 DATED : 10.11.2014 Between:
Chirra Ashok S/o.Rajendran, Aged about 35 yrs, Service at Abu Dhabi, Permanent R/o. 2-87, Seethampet PO, Hasanparthy (M), Warangal Dist. & another .. Petitioners AND Regional Passport Officer, Secunderabad 500 003 & another .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33604 of 2014 ORDER:
The 1st petitioner was granted passport bearing No.E8691249 on 21.07.2004. He is now gainfully employed in Abu Dhabi. While he was working there, he applied for renewal of passport which was accordingly granted and passport is renewed from 11.01.2012 to 10.01.2022. While renewing the passport as per the declaration given by the 1st petitioner the name of the 2nd petitioner i.e., wife of the 1st petitioner is recorded as Chirra Madhavi.
2. The petitioners submit that the name of the 2nd petitioner is Swapna in her school records and other records also disclose the name of the 2nd petitioner as Swapna. She is also called within the family as Madhavi and therefore due to mistake, the 1st petitioner has declared the name of the 2nd petitioner as Madhavi. The 2nd petitioner intend to join her husband and therefore, when she was intending to file an application for grant of passport, she was informed that the records produced before the Passport authorities do not tally with the passport granted to her husband. The 2nd petitioner needs the passport urgently and since an objection is raised, she cannot apply for passport without correction in the passport of her husband. Hence this writ petition.
3. Apart from the fact that the correction required, has to be made in the passport granted to the 1st petitioner by following the due process, as evident from the affidavit and the assertion of the learned counsel for the petitioners, so far no written application is submitted by the 1st petitioner for correction of entries in the passport. It appears even the 2nd petitioner has not submitted any application for such correction and without exhausting the grievance redressal mechanism with the passport authorities by requesting the competent authority to undertake corrections in the passport bearing No.E8691249, a person cannot directly invoke the jurisdiction of this Court and seek a declaration. The extra-ordinary jurisdiction of the Writ Court is available to correct the administrative action as and when a decision is taken or no decision is taken inspite of a grievance is made. Admittedly, the wrong declarations were made by 1st petitioner. Therefore, he should apply for correcting those mistakes to the competent authority.
4. Accordingly the writ petition is dismissed leaving it open to the petitioners to avail appropriate remedies as available under The Passports Act, 1967 and the Rules made there under and administrative instructions. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.
P.NAVEEN RAO, J 10th November, 2014 Rds