MURUGAN Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) The writ petition has been filed praying this Court for issuance of a writ of certiorarified mandamus to call for the entire records pertaining to the passport No.1500278-POL-MDU of the petitioner's passport application form file No.MD 1078389553515 dated 02.06.2015, passed by the respondent and quash the same as illegal and consequently direct the respondent to issue new passport to the petitioner with correct date of birth as 10.05.1973 instead of 20.07.1968 and also with correct of place as Thelichathanallur, Ramanathapuram District, Tamilnadu instead of Paramakudi.

(2.) The case of the petitioner is that he was born on 10.05.1973 at Thelichathanallur, Paramakudi Taluk, Ramanathapuram District. He was unable to continue his studies after 9th standard. When he completed his education at 9th standard, he was issued with Transfer Certificate. In the year 1990, the petitioner's father applied for passport on behalf of the petitioner. His father was not educated. So, he filed the passport application form after getting the assistance from the mediators to fill up the passport application. When all the columns of the passport application were filled up, his date of birth was mentioned as 20.07.1968. But, his actual date of birth is 10.05.1973. So, on the basis of the application, the Passport Office, Trichy issued him passport bearing serial No.I 059633, dated 11.02.1991. In the said passport, his date of birth was wrongly mentioned as 20.07.1968. His place of birth was also wrongly stated as Paramakudi. The petitioner did not notice the mistaken entries at that time. Thereafter, the petitioner renewed the passport four times. The petitioner's current passport number is Z 1906044. This passport was renewed at Indian Embassy of Saudi Arabia, dated 27.11.2010 and the same is valid upto 26.11.2020. Presently, in his village, during the last week of March 2015, he noticed the mistaken entry of date of birth as 20.07.1968, in stead of 10.05.1973 and place of birth as Paramakudi in stead of Thelichathanallur. In all the certificates, i.e 1. Aadhaar Card 2. Birth Certificate 3. Educational Certificate, his date of birth is correctly mentioned as '10.05.1973'. Hence, the petitioner made a representation on 01.03.2015 to the respondent for rectification. On receipt of the same, the respondent has given a file No.MD 1078389553515 and has also given a status of his passport as 'on hold' and the respondent issued an acknowledgment on 23.03.2015, by directing the petitioner to come to the office of the respondent on 30.03.2015. Again, he was instructed to appear before the respondent on 01.04.2015. When he appeared before the respondent on 30.03.2015, he was instructed to obtain an order from the Court. Hence, the petitioner filed a writ petition in W.P.(MD).No.5134 of 2015 before this Court to direct the respondent to consider his passport application File No.MD1078389553515, dated 23.05.2015 and to issue new passport. This Court directed the respondent to consider the application of the petitioner, dated 23.03.2015 on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. Thereafter, the respondent passed an order dated 02.06.2015 stating that the petitioner's claim for change of date of birth cannot be granted as the same is after a very long time. Hence, the petitioner has come forward with this writ petition to quash the said order and consequently, to direct the respondent to issue new passport to him with correct date of birth as '10.05.1973' instead of '20.07.1968' and also with correct place as Thelichathanallur, Ramanathapuram District, Tamilnadu instead of Paramakudi.

(3.) The respondent has filed a counter affidavit stating that by an order dated 02.06.2015, the following facts are brought to the notice of the petitioner.