HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.35449 OF 2014 Date: 21.11.2014 Between :
Mr. Dcruze Micheal, S/o. late Arokia Swamy Peter, Aged about 32 years, r/o. H.no.11-6-727, Red Hills, Bazar Guard, Hyderabad.
And The Regional Passport Officer, Office of the R.P.O., Hyderabad, Clock Tower, Secunderabad.
….. Petitioner ….. Respondent This Court made the following:-
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.35449 OF 2014 ORDER:
The case of the petitioner is that he was granted Passport bearing No.A5894471 on 22.07.1988. In the Passport against the entry of date of birth, it is recorded as 10.06.1977, whereas his actual date of birth is 09.11.1981. Petitioner seems to have realized about the wrong entry of date of birth made in the Passport in the year 2014 and this writ petition is instituted saying that the respondent should correct the date of birth as 09.11.1981 instead of 10.06.1977. However, it appears from the narration of facts in the affidavit, no application is filed before the Passport Authority seeking for correction of date of birth, but straightaway this writ petition is instituted.
2. Learned Assistant Solicitor General contended that even without filing an application before the competent authority, this writ petition is instituted.
3. The Writ Court can entertain the writ petition to consider the grievance of a person only when a statutory authority enjoined to act upon an application submitted in accordance with the statutory provisions does not act within a reasonable time to correct such illegality.
4. In the instant case, petitioner has not filed application before the competent authority seeking correction of date of birth in the passport, but straightaway this writ petition is instituted. Hence, the writ petition is not maintainable and accordingly dismissed. However, it is open to the petitioner to apply for Passport Authority for correction of date of birth and as and when such an application is filed, it is for the Passport Authority to consider such application and pass appropriate orders as warranted by law.
There shall be no order as to costs. Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 21.11.2014 Kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.35449 OF 2014 Date: 21.11.2014 Kkm