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Rajeeb

High Court Of Kerala|16 December, 2014
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JUDGMENT / ORDER

The petitioner is a holder of passport bearing No.E 9721889. His date of birth is wrongly entered as 20/5/1970 in the passport. The actual date of birth is 20/5/1978. The petitioner approached the passport issuing authority for carrying out necessary correction in the entry relating to the date of birth in the passport. The Authority insisted for production of court's order. Hence, the petitioner filed this writ petition. 2. The Assistant Solicitor General submitted that the documents, now relied on by the petitioner for making correction in the passport, were in his possession at the time of applying for the original passport and there is no bona fides in the claim of the petitioner. It is also submitted that difference in the age is more than eight years.
3. This Court in the decision in Nizar v. Union of India W.P.(c).No.32934 of 2014 : 2 :
(2014 (4) KLT 609) held that even if disparity is more than eight years, the passport issuing authority has power to correct the date of birth in the passport. Therefore, the petitioner's passport can be corrected by the passport issuing authorities. However, the petitioner has to establish his bona fides. The petitioner has to swear an affidavit before the passport authorities stating reason for non production of the documents, now relied on by the petitioner, while applying for the passport.
4. In view of the above, there shall be a direction to the passport authorities to correct the date of birth of the petitioner in the passport on being satisfied with the genuineness of the petitioner's claim, in accordance with law, within a period of four weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge W.P.(c).No.32934 of 2014 : 3 :
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Title

Rajeeb

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri
  • K V Anil Kumar