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Kunhahamed Kutty Kundil

High Court Of Kerala|28 October, 2014
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JUDGMENT / ORDER

The petitioner is the holder of Indian Passport bearing No.F5450454. The petitioner seeks correction of date of birth as well as mistakes in his name in the passport. The petitioner relies on Ext.P2. According to the petitioner, Ext.P2 bears the actual name as well as the actual date of birth of the petitioner. The petitioner approached the passport authorities for correction. They refused to consider the application for correction for want of declaration of the court. It is on account of non-consideration of the application that the petitioner has approached this Court.
2. A detailed statement has been filed on behalf of the passport authorities. It is stated that as the difference of age is more than five years, the passport issuing authority has no power to correct the passport. It is also submitted that the petitioner has produced admission extract for obtaining passport and now he relied on Secondary School Leaving Certificate to substantiate his claim. It is further submitted that the petitioner has to explain reasons for showing the wrong details in the earlier passport.
W.P.(C)No.25603 of 2014 2
3. This Court has in series of writ petitions held that the passport authorities have power to correct the passport even if the difference is more than two years. Therefore power can be exercised if there is any genuine reasons warranting correction of date of birth. It is for the petitioner to substantiate the genuineness of his claim based on Ext.P2. However the petitioner shall state the reasons for mentioning wrong details in the passport by way of an affidavit. On being satisfied with the genuineness of the claim of the petitioner, the passport authorities shall process the application for correction of date of birth and also the name of the petitioner in accordance with law. Needful shall be done within a period of two months from the date of receipt of such an application along with an affidavit.
The writ petition is disposed of as above.
vpv Sd/-
A.MUHAMED MUSTAQUE JUDGE
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Title

Kunhahamed Kutty Kundil

Court

High Court Of Kerala

JudgmentDate
28 October, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri
  • K K Mohamed Ravuf