S.P. VIKRAM Vs. PASSPORT OFFICER

JUDGEMENT

(1.) The petitioner is before this Court seeking for issue of mandamus to direct the respondent to correct the date of birth of the petitioner as "1-7-1989" in the passport issued to the petitioner. The petitioner has been issued with a passport and a copy of the same is produced at Annexure-B. The date of birth of the petitioner is indicated as 14-2-1989. The petitioner contends that an error has crept in since the correct date of birth of the petitioner is "1-7-1989". The petitioner is relying on the statement of marks of the Council for the Indian School Certificate Examinations, New Delhi wherein the date of birth is indicated as -"1-7-1989". A Birth Certificate is also relied on to the same effect. The petitioner, on having noticed the date of birth being indicated differently in the passport has made a representation dated 29-10-2013, Annexure-D to the petition. In that light, the petitioner is seeking for issue of mandamus.

(2.) The learned Assistant Solicitor General would submit that these are all factual aspects of the matter and as such, a positive mandamus as sought in the instant petition cannot be issued at this stage. At best, the representation made by the petitioner would be looked into and an appropriate decision in accordance with law would be taken.

(3.) In my opinion, the contention putforth by the learned Assistant Solicitor General requires to be accepted since the petitioner by the representation dated 29-10-2013 has made a request to the Passport Officer. Based on the documents that would be-relied on by the petitioner, it is for the Passport Officer to consider all aspects of the matter and take a decision in that regard. Hence, a direction is issued to the respondent to consider and dispose of the representation in accordance with law. In order to enable such consideration, the petitioner shall file one more copy of the representation along with the supporting documents with the respondent within two weeks. The respondent shall thereafter take a decision in an expeditious manner and in accordance with law. In terms of the above, petition is disposed of accordingly.