B. Marimuthu v. Commissioner, Theni Allinagaram Municipality, Theni District
2015-02-02
B.RAJENDRAN
body2015
DigiLaw.ai
Judgment 1. The prayer in the Writ Petition is for a Writ of Mandamus to direct the first respondent to rectify the error committed in connection to the date of birth of the petitioner and consequently direct the second respondent to return the passport which was already surrendered in Passport No.36938165 dated 13.07.2011 or issue fresh passport the petitioner within a time frame. 2. The grievance of the petitioner is that though as per the direction of the Court he produced the birth certificate. However, the passport authorities are now insisting the genuineness certificate from the very municipality. In an earlier occasion, this Court directed the state authorities whether the Certificate issued by the authority is genuine and valid. 3. The learned counsel for the first respondent would contend that the Certificate issued to the petitioner is a valid one, but, he has given two different address. That is the reason why, he was not issued the passport. Insofar as the date of birth of the birth is concerned, it is only 15.11.1989. There is no quarrel over it. 4. On noticing the abovesaid submission, the learned counsel for the second respondent would submit that if the Certificate is a valid one, they are prepared to give the passport in accordance with law, if he is otherwise eligible. 5. The learned counsel appearing for the petitioner would submit that it is true that he had given two address for the reason that he is an orphan and he is taken care of by his relatives. 6. In view of the above, there is no dispute over the date of birth of the petitioner. The only problem faced by the petitioner is the address. Therefore, it is for him to convince the authorities insofar the address is concerned, for which he wants the passport to be issued in his favour. He shall produce the necessary documents to the second respondent to support the correct address for which the passport to be issued within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to consider and pass appropriate orders in accordance with law within a period of four weeks thereafter. 7. With the above direction, this Writ Petition stands disposed of. No costs.