AKKARAKARAN JOSE JOHN Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) PETITIONER challenges Ext.P9 order passed by Judicial Magistrate of the I Class, Irinjalakkuda refusing to issue directions to get his date of birth and place of birth in the passport corrected as per details shown in Ext.P7 birth certificate. In the birth certificate, date of birth is shown as 01/09/1978 and place of birth is L.F.H.Angamaly whereas in the passport, date of birth is shown as 24/05/1979 and place of birth is Irinjalakkuda. As per the passport information booklet issued by the Passport Officer, correction of date of birth or place of birth requires an order passed by Judicial Magistrate of the I Class and in pursuance of the same, petitioner approached learned Magistrate, Irinjalakkuda, who, by Ext.P9 order, rejected the said request. Ext.P9 is under challenge.

(2.) LEARNED Magistrate had rejected the request of the petitioner since date of birth and place of birth in the S.S.L.C book would show the date of birth and place of birth as seen in the passport.

(3.) IT is not in dispute that the law provides for local authority making an entry in the birth register in respect of date of birth and also place of birth as provided under the Registration of Births and Deaths Act 1969 and Rules framed thereunder. Hence it is not in dispute that the said document can be taken as an authenticated document and if the original of such a certificate is produced by the petitioner, then necessarily he is entitled for correction of his date of birth and place of birth in the passport. In respect of entries in the S.S.L.C book, it is for the petitioner to take necessary steps for getting the same corrected; but that does not mean that the petitioner cannot rely upon the birth certificate issued by the local authority for making necessary corrections in the passport.