JISMOL JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was issued with a passport in which her place of birth was shown as Vazhithala. She wanted it to be altered into Thodupuzha. The Passport Authority relying on Ext. P7 and the Note occurring in Clause iv stated that she had to apply along with a court order by a Judicial Magistrate directing the passport office to change the date or place of birth. According to me, the passport authority was perfectly justified in making such a direction.

(2.) Counsel for the petitioner relied on the decision Ext. P9 by a learned Single Judge which directs the petitioner to produce an affidavit sworn to by her in front of the Chief Judicial Magistrate. It is not clear from the said judgment whether that case related to an alteration of date of birth. Whatever it be, on the scheme of the relevant rule followed by the passport authority, with respect, I am inclined to differ from the judgment arrived by learned Single Judge in that behalf. But learned counsel for the petitioner submits that it is not necessary for this court to decide that question, for, the petitioner will be satisfied with a direction to the Judicial Magistrate, Thodupuzha to consider the application of the petitioner in that regard and to pass appropriate orders. He points out that there are a series of decisions of this Court holding that the Judicial Magistrate can decide the question if moved in that behalf, for the purpose of altering the date of birth or place of birth in the passport. This court had to issue those directions only because of the doubt expressed by the Judicial Magistrates of some courts regarding their jurisdiction to do so. In the light of those decisions there cannot be any doubt that the Judicial Magistrate has the jurisdiction. Under such circumstance, this Original Petition is disposed of by directing the petitioner to move the Judicial Magistrate, Thodupuzha for appropriate reliefs and by directing the Judicial Magistrate, Thodupuzha to consider and dispose of that application on merits as expeditiously as possible at any rate within one month of the submission of the application by the petitioner. Issue photo copy on usual terms.