S. Sarath Kumar v. Regional Passport Officer, Sasthiri Bhavan
2014-08-06
S.VAIDYANATHAN
body2014
DigiLaw.ai
Judgment : 1. Challenging the order of cancellation of the petitioner's passport bearing No.G2749835 dated 14.05.2012 by the respondent, the petitioner has come forward with this Writ Petition. 2. According to the petitioner, he was born on 22.10.1991. Further, according to the petitioner, he had applied for a new Passport in the year 2007. After verification, he was issued with a Passport bearing No.G2749835 on 15.05.2007 and it was valid up to 14.05.2012. But in the Passport, his date of birth has been mentioned wrongly as 22.10.1994 instead of 22.10.1991. The petitioner has stated that he travelled abroad with that Passport. He applied for renewal on 02.03.2012 and he appeared in person on 14.05.2012 as requested by the respondent and submitted all original and certified copy of the documents standing in his name including his Original Passport. The respondent refused to renew the passport stating that his date of birth does not tally as the date of birth is given as 22.10.1994 whereas his date of birth is mentioned as 22.10.1991 in all other documents. It is further alleged that on verification the petitioner came to know that his date of birth has been wrongly mentioned as 22.10.1994 instead of 22.10.1991. But, unfortunately, the respondent has cancelled the petitioner's passport without giving an opportunity. 3. According to the petitioner, the date of birth mentioned in his passport is not correct and it is only an error. In order to prove the same, he has produced the birth certificate issued on 16.3.1995 by the Corporation of Madras which clearly shows that his date of birth is 22.10.1991. Hence, the petitioner would pray to issue a fresh passport by incorporating all the details furnished by him and showing his date of birth as 22.10.1991. 4. Even though the respondent has not filed any counter, Mr.M.Vaidyanathan, learned Special Government Pleader appearing for the respondent would point out certain discrepancies in the renewal application in respect of date of birth and serial number in the Birth Certificate which prompted the respondent in not cancelling the passport of the petitioner and the same cannot be found fault. 5. In reply, the learned Counsel for the petitioner has submitted that the petitioner has applied for two birth certificates and there occurs an error in the date of birth mentioned in the Corporation records in S.No.129323 and his actual date of birth is 22.10.1991. 6.
5. In reply, the learned Counsel for the petitioner has submitted that the petitioner has applied for two birth certificates and there occurs an error in the date of birth mentioned in the Corporation records in S.No.129323 and his actual date of birth is 22.10.1991. 6. Heard both sides. 7. From the records available before this Court, it is clear that the petitioner has applied for two birth certificates in which in S.No.129323, his date of birth is mentioned as 22.10.1994 and the same was registered on 23.10.1991. It is no doubt true that a person, who born on 22.10.1994, could not have registered his date of birth as 22.10.1991. 8. Considering the facts of the case and the fact that there is no intention on the part of the petitioner to defraud the respondent, I am inclined to set aside the order of cancellation of the petitioner's passport bearing No.G2749835 dated 14.05.2012 issued by the respondent. The respondent is directed to issue a fresh passport to the petitioner herein showing the date of birth as 22.10.1991 after complying with all the legal formalities, if not already done and if the papers are otherwise in order, it is open to the respondent to issue a fresh passport by renewing the existing passport by changing his date of birth as 22.10.1991 within a period of six weeks from the date of receipt of a copy of this Order. 9. With the above observation, the Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is also closed.