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2014 DIGILAW 4230 (MAD)

Kamatchi Poosari v. Regional Passport Officer, Regional Passport Office, Tiruchirappalli

2014-11-13

M.VENUGOPAL

body2014
Judgment : Heard both sides. 2. According to the Petitioner, he is in requirement of passport to travel abroad for his livelihood. At present, he is not having any employment at his native place. His date of birth is to be changed in the passport for seeking job at Singapore. At present, he is working at Sri Dhandayuthapani Murugan Temple Administration and they are also requesting him to submit the documents relating to his educational qualification along with Birth Certificate. His date of birth was registered as 5.1.1969 in School Leaving Certificate and now in the Birth Certificate. However, his date of birth was wrongly registered in Passport as 9.6.1963. He will get employment only if the respondent makes change in regard to his date of birth as 5.1.1969 in the Passport and to re-issue the same. 3. The Petitioner has sought to have made a detailed representation, dated 17.11.2014 together with all copies of supporting documents such as Birth Certificate, School Leaving Certificate and Notary Affidavit to the Respondent Office for correction of the entry pertaining to the date of birth and consequentially prayed for issuance of a new Passport to him by recording his real and correct date of birth as 5.1.1969 instead of 9.6.1963. 4. At this stage, the learned counsel for the Petitioner brings it to the notice of this Court that in Lok- Adalat Case No.198 of 2014, under the caption type of case 'Birth Certificate', a settlement memo was filed before the learned Judicial Magistrate, Thirumayam, Pudukkottai District and in terms of the settlement arrived at between the Petitioner, his counsel and Tahsildar, Thirumayam, it was agreed that the Birth Certificate was to be given in favour of the Petitioner for his date of birth 5.1.1969. As such, there is no need for the Petitioner to obtain any direction for changing the date of birth. Obviously, Lok-Adalat Case No.198 of 2014 pertaining to Birth Certificate of the Petitioner and the terms of settlement arrived at between the Petitioner and others have not been appreciated by the Office of the Respondent in proper and real perspective in the considered opinion of this Court. Obviously, Lok-Adalat Case No.198 of 2014 pertaining to Birth Certificate of the Petitioner and the terms of settlement arrived at between the Petitioner and others have not been appreciated by the Office of the Respondent in proper and real perspective in the considered opinion of this Court. When the real factual situation is that the Tahsildar of Thirumayam had agreed to issue the date of birth as 5.1.1969 in terms of the settlement arrived between them, the said contents of the settlement shall bind the parties inter-se and the same is final and conclusive even as per Section 43 of the Indian Evidence Act, 1872. 5. Be that as it may, in view of the fact that the Petitioner in the present Writ Petition is only seeking a relief from this Court for passing of an order to consider his application, dated 29.10.2014 by the Respondent, this Court in the interest of justice, fair play, directs the Respondent to look into the application/representation of the Petitioner dated 29.10.2014 in a fair, objective and dispassionate manner and to dispose of the same within a period of three weeks from the date of receipt of a copy of this order(of course after providing due opportunity of hearing to the Petitioner and others concerned by adhering to the principles of natural justice). It is also made clear that the Respondent may not insist on a Court direction or Court Order in regard to the Birth Certificate of the Petitioner because of the simple reason that the Petitioner and Tahsildar, Thirumayam had entered into a terms of settlement in Lok-Adalat Case No.198 of 2014 whereby and whereunder, the Revenue Authorities/Tahsildar, Thirumayam had himself agreed to issue Birth Certificate to the Petitioner with correct date of birth as 5.1.1969. 6. With the aforesaid directions, the Writ Petition is disposed of. No costs.