V.M. AMARNATH Vs. PASSPORT OFFICER, PASSPORT OFFICE

JUDGEMENT

(1.) THE writ petition is filed by the petitioner seeking for a direction to the respondent/Passport Officer, Madurai, to rectify the petitioner's date of birth as 02.01.1984 instead of 02.01.1983 in his passport bearing No.H 5738117.

(2.) WHEN the writ petition came up for hearing on 16.08.2012, this Court directed Mr.Thalaimutharasu, the learned Senior Standing counsel for Central Government to get instructions. Accordingly, a counter affidavit has been filed by the respondent dated 28.03.2012 and in the counter affidavit, it was stated that the petitioner's application for passport contains the date of birth as 02.01.1983, but, all the documents submitted along with the application contain the date of birth as 02.01.1984. It is further stated that the difference in the date of birth was not noted and thereafter, the passport was issued showing his date of birth as 02.01.1983. Very fairly, the respondent had admitted that the mistake is on both sides and both are responsible for the error. In paragraph Nos.5 and 6, the respondent has averred as follows:

(3.) THE respondent has got power under the Passport Act, 1967 r/w Section 21 of General Clauses Act, 1897. Since the passport Officer exercises the statutory function under the Passports Act, 1967, he will also exercise his power under Section 21 of the General Clauses Act, 1987, which reads as follows: