JUDGMENT : SHAJI P. CHALY, J. 1. This writ petition is filed by the petitioner being aggrieved by the non-consideration of his application for correction of date of birth in his Passport, for the reason that five years' time limit prescribed in Office Memorandum dated 26.11.2015 had expired and that the petitioner shall obtain a Declaratory court order in order to entertain his application. Material facts for the disposal of the writ petition are as follows. 2. Petitioner obtained a Passport in the year 2003, in which his date of birth is shown as 12.06.1980, based on the entry in S.S.L.C. Book. Petitioner is employed in U.S.A. on an L-1 Work Visa. In connection with an enquiry over his application for Green Card in U.S.A. for which birth certificate from the local authority is essential, it was learnt that his birth was registered before the local authority. In the meanwhile, petitioner applied for original birth certificate, which was issued on 13.08.2015. It was only after obtaining the birth certificate, petitioner realized the fact that his correct date of birth is 30.06.1979 in contradistinction to the date of birth contained in the S.S.L.C. Book, viz. 12.06.1980. Subsequently, petitioner got the date of birth entry in the S.S.L.C. Book, Aadhaar Card and PAN Card corrected. While the petitioner was on leave during 2016, he approached the 3rd respondent to correct the Passport. However, 3rd respondent refused to accept the petitioner's application on the reasoning that as per O.M. dated 26.11.2015, Passport Issuing Authorities are restrained from accepting any application for correction of date of birth, if it is submitted after 5 years from the date of issuance of the Passport. Since the petitioner had to rejoin his employment, he returned to the place of employment. On 29.11.2016, petitioner submitted an on-line application before the 2nd respondent to correct the date of birth in his Passport. But the said application was also not considered by the 2nd respondent and was directed to obtain declaratory court order. In the meanwhile, O.M. No. VI/401/2/5/2001 dated 22.09.2016 was issued, whereby it was clarified that an application for correction of date of birth in the Passport can be effected even after expiry of 5 years from the date of issuance of Passport, if it is found to be genuine by Passport officials. In the meanwhile, O.M. No. VI/401/2/5/2001 dated 22.09.2016 was issued, whereby it was clarified that an application for correction of date of birth in the Passport can be effected even after expiry of 5 years from the date of issuance of Passport, if it is found to be genuine by Passport officials. However, even though petitioner approached the Passport Authorities, correction is not being carried out, as sought for. 3. Respondents 1 to 3 have filed a joint statement stating that admittedly, petitioner is the holder of Indian Passport bearing No. G-6842427 dated 10.12.2007 issued at Thane, in continuation of Passport No. E-5773928 dated 01.07.2003 issued from Regional Passport Office, Kochi. The document for proof of date of birth produced by the applicant for getting the said Passport was SSLC Book with date of birth as 12.06.1980 and place of birth as Peechi. Accordingly, the Passport was issued with date of birth as 12.06.1980. Now the applicant seeks to change his date of birth to 30.06.1979 and place of birth as Thrissur. It is also stated that the petitioner is holding Passport since 2003 i.e. for the last more than 13 years he is using the Passport with date of birth as 12.06.1980. 4. It is also stated that the Regional Passport Office functions under the guidelines of Ministry of External Affairs, which issues instructions from time to time on various aspects affecting the issue of Passport to Indian citizens. The Office Memorandum dated 26.11.2015 was issued pursuant to the observation made by this Court in W.P. (C) No. 9073 of 2015 and a batch of similar cases. Various other aspects concerning the adverse consequences in respect of correction of date of birth are put forth by the respondents, including the one that the correction of date of birth after a period of 13 years would materially affect the integrity of the Indian Passport issuance system, which will also lower confidence on Indian Passport system among foreign Governments, and force them to impose visa and stay restrictions on entire population of India. It is further stated that the Passport issuance by the Indian Government is in accordance with International Civil Aviation Agreement, 1944, to which the Government of India is a signatory, and in compliance with the regulations stipulated by International Civil Aviation Organization (ICAO), Montreal. Other consequences are put forth by the respondents justifying the action. 5. It is further stated that the Passport issuance by the Indian Government is in accordance with International Civil Aviation Agreement, 1944, to which the Government of India is a signatory, and in compliance with the regulations stipulated by International Civil Aviation Organization (ICAO), Montreal. Other consequences are put forth by the respondents justifying the action. 5. It is also submitted that as per the existing instructions in force, in the place of birth correction cases, only where the change in place of birth involves change of State or country, civil court order from the First Class Judicial Magistrate/Sub-Divisional Magistrate, as enlisted at Document No. 41 of Table 3, in Schedule III of the Passport Rules, 1980 is required. However, it is stated that in the case on hand, since the correction sought does not involve change of State or country, the same can be done in accordance with law. 6. Heard learned counsel for the petitioner and the learned ASGI and perused the documents on record and the pleadings put forth by the respective parties. 7. The contention made above would categorically makes it clear, so far as the relief of change of place of birth sought for by the petitioner is concerned, it is admitted that it can be done in accordance with law. According to the learned counsel for the petitioner, so far as the issue with respect to the change of date of birth is concerned, petitioner came to know about the discrepancy when the petitioner applied for the birth certificate consequent to the requirement of the same for securing Green Card in the year 2015. Anyhow, the Passport was secured by the petitioner by resorting to the date of birth recorded in the S.S.L.C. Book. This is also admitted by the 3rd respondent. The O.M. in question shows that, in appropriate cases, where the applicants are able to establish the reasons for their delay in approaching the Passport authority for correction of date of birth, the same can be considered by the Passport Authority. Unlike in various other cases, it is evident that petitioner has secured Passport with the uncorrected date of birth, as evident from the date of birth shown in the S.S.L.C. Book. Apparently, there is a difference of one year in the date of birth contained in the S.S.L.C. Book and the birth certificate issued by the statutory authority, evident from Ext.P1. Apparently, there is a difference of one year in the date of birth contained in the S.S.L.C. Book and the birth certificate issued by the statutory authority, evident from Ext.P1. Therefore, there is somewhat established evidence adduced by the petitioner before this Court in this writ petition, persuading this Court to direct the 3rd respondent to consider the issue after receiving an application from the petitioner for the correction of date of birth and the place of birth. 8. Therefore, there will be a direction to the 3rd respondent to receive an application from the petitioner along with other connected documents and consider the issue with the date of birth and the place of birth and arrive at a decision within a period of three weeks from the date of receipt of application from the petitioner, along with the required documents. The writ petition is disposed of accordingly.