The petitioner has stated that a passport had been issued to him in the month of January, 2007, based on the application made by him. The passport number is G 0196654. While submitting the application, the petitioner had mentioned his date of birth as 15.1.1949. Thereafter, the petitioner had come to know that his actual date of birth is 15.1.1959, as found in the school certificate and in the birth certificate issued by the Government of Tamil Nadu. Therefore, the petitioner had submitted an application, dated 5.10.2009, to the respondent requesting, him to correct the petitioner's date of birth in the passport. However, the respondent had stated that the petitioner should obtain an order from the first class Judicial Magistrate for changing the date of birth of the petitioner in the passport, as required by him. The petitioner had also stated that he had paid Rs.1,000/-, as penalty fee, in accordance with the provisions of the Indian Passports Act, 1967. However, the respondent had rejected the request of the petitioner, arbitrarily, without following the provisions of the Indian Passports Act, 1967.
2. Mr.V.P.Rajan, the learned counsel appearing for the petitioner had submitted that the respondent would consider the request of the petitioner and pass appropriate orders thereon, in accordance with the provisions of the Indian passports Act, 1967, if this Court issues such a direction. Mr.G.Thalaimutharasu, the learned Senior Central Government Standing Counsel appearing for the respondent had placed before this Court the Passport Manual 2001, issued by the Ministry of External Affairs (Consular, Passport & Visa Division), New Delhi. However, he has not been able to show that the instructions contained therein are in consonance with the provisions of the Indian passports Act, 1967.
3. In such circumstances, this Court is of the view that it would suffice if the respondent is directed to reconsider the request of the petitioner and pass appropriate orders thereon, in view of the provisions contained in the Indian passports Act and the other relevant provisions of law applicable to the case. Accordingly, the writ petition is disposed of. No costs.
lan To:
The Regional Passport Officer Passport Office, Bharathi Ula Road Madurai-625 002