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2014 DIGILAW 3562 (MAD)

K. Thamilarasu v. Regional Passport Officer

2014-09-23

T.S.SIVAGNANAM

body2014
Judgment 1. Heard the petitioner appeared in person. 2. The Writ Petition has been filed seeking for a direction upon the respondent to re-issue passport bearing No.E6239730 in terms of the order passed by the learned Judicial Magistrate, Melur, dated 23.11.2013 and also the petitioner's Birth Certificate dated 06.05.2014. 3. The petitioner studied upto 7th standard in the Panchayat Middle School, Uranganpatti, Madurai District. He belongs to Most Backward Class and his father was an agriculture coolie. During the year 1983, the petitioner's father made arrangement for filing application for the petitioner for grant of passport in the Trichy Passport Office. The petitioner's father was an illiterate and it appears that some third party gave assistance to fill application, in which the petitioner's date of birth has been wrongly entered as 15.11.1959 when his actual date of birth is 15.06.1966. The petitioner was able to secure employment in Saudi Arabia and retuned in 1996 and got married on 05.04.1996. Subsequently, in 1998 he once again went to United Arab Emirates and was working. The petitioner, on return to India, requested for re-issuance of passport and in that, the request was to enter the correct date of birth of the petitioner. The petitioner did not have a birth certificate. Therefore, he produced a school record stating his date of birth is 15.06.1966. A copy of the said school record has been placed in the typed set of papers. It appears that the respondent was not satisfied with the same. Therefore, the petitioner approached the Judicial Magistrate Court, Melur and filed an application under Section 13(3) of the Registration of Birth and Death Act, 1969 in B and D No.2546 of 2013. The Tahsildar, Melur Taluk, was the respondent in the said petition. The petition was allowed by order dated 23.11.2013 directing the Tahsildar, Melur Taluk, to register the petitioner's date of birth as 15.06.1966 (The application before the Judicial Magistrate Court, Melur was filed by the petitioner's father.) Thereafter, the petitioner approached the respondent who informed that the petitioner has to obtain a birth certificate and this was complied with by the petitioner by registering his birth by producing the Court order and the same was registered by the Tahsildar, Melur, by certificate dated 06.05.2014. With this document, the petitioner once again approached the respondent and since no action has been taken, the petitioner is before this Court. 4. With this document, the petitioner once again approached the respondent and since no action has been taken, the petitioner is before this Court. 4. Considering the fact that the petitioner is in possession of a school record showing his date of birth as 15.06.1966 and the order passed by the learned Judicial Magistrate, Melur, and the birth certificate issued by the Tahsildar, Melur, dated 06.05.2014, the respondent is directed to accept the same and effect alteration of the petitioner's date of birth in the passport bearing No.E6239730 within a period of four weeks from the date of receipt of a copy of this order, if there is no other legal impediment. 5. The Writ Petition is disposed of with the above direction. No costs.