LEENA KUMAR, V. UNION OF INDIA, REP. BY SECRETARY TO GOVERNMENT

WP(C)/37434/2023

AI Insights

The case involves Leena Kumar, the petitioner, who sought a writ of mandamus to direct the Regional Passport Office (2nd respondent) to re-issue her Indian passport with a corrected place of birth, as stated in her school leaving certificate. However, the respondents, through their legal representative, indicated that they had no objection to re-issuing the passport with the same place of birth as in the old passport to facilitate her international travel for medical treatment. The court, considering the statement from the respondents and the petitioner's counsel, decided to dispose of the writ petition by directing the 2nd respondent to re-issue the passport without the place of birth correction.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 732193 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 16-11-2023
• Assessment Year: misc
• Laws Referred To: Passports Act, 1967
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: MANU
• Assessee Lawyers: NIRMAL; VEENA K; REMIYA RAMACHANDRAN; KEERTHY JOHNSON
• Keywords: Medical treatment; Passport re-issue; Place of birth correction

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945 WP(C) NO. 37434 OF 2023 PETITIONER: LEENA KUMAR, AGED 69 YEARS W/O. T.A. KUMARAN, 45, HARITHA NAGAR COLONY, CHEVARAMBALAM P.O., KOZHIKODE, PIN - 673017 BY ADVS. NIRMAL.S VEENA HARI K. REMIYA RAMACHANDRAN KEERTHY JOHNSON RESPONDENTS: 1 UNION OF INDIA, REP. BY SECRETARY TO GOVERNMENT MINISTRY OF EXTERNAL AFFAIRS, CENTRAL REGISTRY, SOUTH BLOCK, 74B SOUTH BLOCK, NEW DELHI, PIN - 110011 2 THE REGIONAL PASSPORT OFFICE,REP. THROUGH IT'S REGIONAL PASSPORT OFFICER, KOZHIKODE PASSPORT SEVA KENDRA, KOYENCO HOUSE, WEST HILL CHUNGAM, KANNUR ROAD, ERANHIPALAM POST, KOZHIKODE, PIN - 673005 3 THE REGIONAL PASSPORT OFFICER, KOZHIKODE PASSPORT SEVA KENDRA, KOYENCO HOUSE, WEST HILL CHUNGAM, KANNUR ROAD, ERANHIPALAM POST, KOZHIKODE, PIN - 673005 BY ADV MANU S. DSG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P .(c) No. 37434 of 2023 2 JUDGMENT The petitioner has filed this writ petition for a direction to the 2nd respondent to re-issue her Indian passport after effecting correction of place of birth relying on Ext. P1 school leaving certificate. 2. A statement has been filed by the learned DSGI on behalf of respondents 2 and 3, wherein paragraph 5 reads as follows:- “5. Nevertheless, if the petitioner does not want Place of birth correction in her passport, then the Regional Passport Officer has No Objection to re- issue her passport with same place of birth as in her old passport for facilitating her international travel for undergoing medical treatment.” 3. Heard the learned counsel for the petitioner and the learned DSGI. 4. The learned counsel for the petitioner submits that, in the light of the statement in the afore W.P .(c) No. 37434 of 2023 3 extracted paragraph, there may be a direction to the 2nd respondent to re-issue the passport of the petitioner. Accordingly, this writ petition is disposed of with a direction the 2nd respondent to re-issue the passport of the petitioner, in the light of paragraph 5 of the statement extracted above. This shall be done within a period two weeks from the date of receipt a certified copy of this judgment. Sd/- MURALI PURUSHOTHAMAN bnu JUDGE W.P .(c) No. 37434 of 2023 4 APPENDIX PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE SCHOOL LEAVING CERTIFICATE OF THE PETITIONER DATED 29/12/1969 ISSUED FROM CONOSSIAN CONVENT, KLUANG, JOHOR Exhibit P2 TRUE COPY OF THE INDIAN PASSPORT ISSUED TO THE PETITIONER'S FATHER Exhibit P3 TRUE COPY OF THE RATION CARD NO: 2157062163 ISSUED BY THE CITY RATION OFFICER, NORTH KOZHIKODE SHOWING THE NAME OF THE PETITIONER Exhibit P4 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE PETITIONER ISSUED BY THE ELECTION COMMISSION OF INDIA Exhibit P5 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA Exhibit P6 TRUE COPY OF THE PAN CARD OF THE PETITIONER ISSUED BY THE INCOME TAX DEPARTMENT OF INDIA Exhibit P7 THE TRUE COPY OF THE INDIAN PASSPORT ISSUED TO THE PETITIONER ON 06/02/1991 Exhibit P8 TRUE COPY OF THE PASSPORT APPLICATION FORM OF THE PETITIONER Exhibit P9 TRUE COPY OF THE RELEVANT PAGES OF COMPENDIUM OF INSTRUCTIONS/GUIDELINES FOR PASSPORT ISSUING AUTHORITIES FRAMED UNDER THE PASSPORTS ACT, 1967 ISSUED DURING THE YEAR 2020 Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF INSTRUCTIONS FOR FILLING OF PASSPORT APPLICATION FORM AND SUPPLEMENTARY FORM Exhibit P11 THE TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER DATED 29/09/2023 "