Boniface Rodrigues @ Bensy Rodrigues V. Regional Passport Office Panampilly Nagar, Ernakulam and The Tahsildar Kochi Taluk

WP(C)/12483/2019

AI Insights

The case revolves around a writ petition filed by Boniface Rodrigues, who sought the court's intervention to expedite the processing of his application for a change of name in his passport, which he claimed was pending with the Regional Passport Office. The petitioner argued that his application (Ext.P7) was not being considered, while the respondent countered that the application was not submitted online as required by the current rules. The court, after hearing the arguments, decided that the Regional Passport Office should first consider the petitioner's request and granted the petitioner the opportunity to reapply online.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 808631 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 31-05-2019
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P VIJAYAKUMAR
• Assessee Lawyers: G HARIHARAN; PRAVEEN H
• Keywords: Change of name; Competent authority; Online Application; Passport

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 31ST DAY OF MAY 2019 / 10TH JYAISHTA, 1941 WP(C).No. 12483 of 2019 PETITIONER/S: BONIFACE RODRIGUES @ BENSY RODRIGUES AGED 57 YEARS, MULSIM RODRIGUSE, KOLLAMVELIYAKATH HOUSE, NJARAKKAL P.O., KOCHI TALUK. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT/S: 1 REGIONAL PASSPORT OFFICE PANAMPILLY NAGAR, ERNAKULAM, PIN-682 036, REPRESENTED BY ITS AUTHORISED OFFICER. 2 THE TAHSILDAR KOCHI TALUK, FORT KOCHI P.O., ERNAKULAM-62 001. BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA OTHER PRESENT: SRI.JAYASANKER-CGC, SMT.C.S.SHEEJA-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12483 of 2019 2 J U D G M E N T The limited grievance of the petitioner is that his application, for change of his name in his passport, namely Ext.P7, is yet to be considered by the competent Authority and he therefore, prays that the 1st respondent be directed to do so within a time frame. 2. Sri.Jayasankar Nair, the learned Central Government Counsel, submits that Ext.P7, being not an online application cannot be considered because the relevant Rules now mandate that the petitioner must make an online application for these purposes. He, however, adds that he has serious suspicion whether the relief sought for by the petitioner can be granted, because the change of name, as requested by him, may not be permissible as per the applicable Rules and Regulations. 3. Even when I hear Sri.Jayasankar Nair as afore, I am certainly of the view that the 1st respondent is enjoined to consider the request of the petitioner at the first instance before this Court can take any decision on the disputes voiced herein affirmatively. In the afore perspective, I order this writ petition and grant liberty to the petitioner to make an online application for the WP(C).No. 12483 of 2019 3 purposes sought for in this writ petition within a period of two weeks from the date of receipt of a copy of this judgment; in which event, the 1st respondent will consider the same after affording an opportunity of being heard to the petitioner, as expeditiously as is possible but not later than one month thereafter. This writ petition is thus ordered. Sd/- DEVAN RAMACHANDRAN rp JUDGE WP(C).No. 12483 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE STANDARD X EQUIVALANCY CERTIFICATE ISSUED BY THE SECRETARY BOARD OF PUBLIC EXAMINATION, KERALA STATE ON 29/10/2014 IN THE NAME OF THE PETITIONER AS BONIFACE RODRIGUES. EXHIBIT P2 TRUE COPY OF THE PASSPORT NO.L-5672485 ISSUED BY THE 1ST RESPONDENT ON 15/10/2013. EXHIBIT P3 TRUE COPY OF THE ELECTION ID NO.NGR0140673 ISSUED BY THE ELECTION COMMISSION OF INDIA IN THE NAME OF THE PETITIONER AS BENSY RODRIGUES EXHIBIT P4 TRUE COPY OF THE AADHAR CARD NO.9282 5600 9780 ISSUED BY THE GOVERNMENT OF INDIA IN THE NAME OF THE PETITIONER S BENSY RODRIGUES EXHIBIT P5 TRUE COPY OF THE PAN CARD NO.AUEPB1967H ISSUED BY THE INCOME TAX DEPARTMENT IN THE NAME OF THE PETITIONER AS BONIFACE RODRGUSE. EXHIBIT P6 TRUE COPY OF THE ONE AND SAME CERTIFICATE NO.H1.14100/CR NO.12079/2012 K.DIS DTED 31/1/2012 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE PETITIONER EXHIBIT P7 TRUE COPY OF THE REQUEST DATED 2/4/2019 ADDRESSED TO THE 1ST RESPONDENT SUBMITTED BY THE PETITIONER "