Treesa Mathew, W/O. Roji Sebastian V. The Regional Passport Officer, Regional Passport Office, Cochin

WP(C)/23326/2016

AI Insights

The case revolves around the petitioner's request to correct her date of birth in her passport, which was initially denied by the passport authorities based on the five-year limitation for corrections as per an Office Memorandum. The petitioner, Treesa Mathew, challenged this decision in the High Court of Kerala. The court referenced a similar case (W.P.(C)No.7274/2016) where it was held that genuine applications for corrections should not be barred by the five-year rule. Consequently, the court directed the passport authorities to reconsider the petitioner's request if a new application was filed within the stipulated time.

• Counselvise Citation: [2016] 140 COUNSELVISE.COM (IT) 689699 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 13-07-2016
• Assessment Year: misc
• Other Referred Cases: W.P.(C)No.7274/2016 and connected cases
• Laws Referred To: Passport Act, Office Memorandum No.VI/401/2/5/2001
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: N NAGRESH
• Assessee Lawyers: ISSAC PERUMPILLIL; JIJO KALLOOKKARAN
• Keywords: Date of birth; Passport Correction; Five years rule; Genuine applications

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 13TH DAY OF JULY 2016/22ND ASHADHA, 1938 WP(C).No. 23326 of 2016 (M) --------------------------------------------- PETITIONER: TREESA MATHEW, W/O. ROJI SEBASTIAN, ERUMACHADATHU HOUSE, VATTAPATHAL, PASUPPARA, IDUKKI-685 502. BY ADVS.SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN RESPONDENT: THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, COCHIN, SHIHAB THANGAL ROAD, PANAMPILLY NAGAR, ERNAKULAM-680036. BY ASG SRI.N.NAGARESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 23326 of 2016 (M) PETITIONER'S EXHIBITS: EXT. P1 THE TRUE COPY OF RELEVANT PAGES OF THE PASSPORT IN SO FAR AS REQUIRED FOR THE PRESENT CASE. EXT. P2 THE TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE NO. 226622, DATED NIL. EXT. P3 THE TRUE COPY OF THE DUPLICATE SECONDARY SCHOOL LEAVING CERTIFICATE NO.B NO 684071, DATED NIL. EXT. P4 THE TRUE COPY OF IDENTITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA, DATED 08-06-2016. EXT. P4 (a) THE TRUE COPY OF PAN CARD COFPM1002M, ISSUED BY THE INCOME TAX DEPARTMENT, GOVT. OF INDIA. EXT. P5 THE TRUE COPY OF FORM NO.5 BIRTH CERTIFICATE OF THE PETITIONER, DATED 27-06-2016. EXT. P6 THE TRUE COPY OF ONLINE APPOINTMENT RECEIPT, ISSUED BY THE PASSPORT SEVA KENDRA KOTTAYAM, DATED 20-06-2016. EXT. P7 THE TRUE COPY OF THE 1ST PAGE OF ONLINE PASSPORT APPLICATION FORM, 16-1005592713. RESPONDENT'S EXHIBITS: NIL. /TRUE COPY/ P.S. TO JUDGE P.B.Suresh Kumar, J. ------------------------------------------ W.P.(C)No.23326 of 2016 M ------------------------------------------- Dated this the 13th day of July, 2016 JUDGMENT The grievance of the petitioner is that her request for correction of the entry relating to date of birth in the passport is not being entertained by the authorities under the Passport Act on the ground that she has not applied for correction within five years from the date of issue of the passport. 2. The learned Assistant Solicitor General appearing for the respondent attempted to justify the stand of the authorities relying on Office Memorandum No.VI/401/2/ 5/2001 dated 26.11.2015 issued by the Central Government. According to him, correction of the entries in the passport are now governed by the said Office Memorandum which WPC 23326/16 2 provides that application for correction shall be submitted within five years from the date of issue of the passport. 3. This Court in W.P.(C)No.7274/2016 and connected cases, took the view that the Office Memorandum relied on by the respondent shall not stand in the way of the passport authorities entertaining genuine applications for correction of the entries in the passport. In the light of the judgment of this Court in the said batch of cases, I deem it appropriate to direct the authorities under the Passport Act to consider the request of the petitioner also as directed in the said cases. In the result, the writ petition is allowed and the respondent is directed to consider the request of the petitioner for correction of the entry in the passport, if a fresh application is filed in this regard, within three weeks from the date of receipt of a copy of this judgment. The WPC 23326/16 3 petitioner is at liberty to place additional materials before the Passport Officer to establish the genuineness of the request. The Passport Officer shall carry out the correction requested, if the request is found to be genuine. The petitioner is at liberty to produce a certified copy of this judgment for compliance before the Passport Officer. P.B.Suresh Kumar, Judge tkv "