Muhammed Iqbal Layina Kilillath v Union of India and The Passport Officer, Sub Regional Passport Office Kannur

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN** **TUESDAY, THE 5[TH] DAY OF APRIL 2022 / 15TH CHAITHRA, 1944** **WA NO. 448 OF 2022** **AGAINST THE JUDGMENT IN WP(C) 3931/2021 dated 25/02/2022 OF HIGH** **COURT OF KERALA** ## **APPELLANT/PETITIONER:** **MUHAMMED IQBAL LAYINA KILILLATH AGED 53 YEARS S/O SHADULI MACHERI, RESIDING AT MASKAN NEAR PARVATHI GAS DEPO, ERIPURAM, PAYANGADI PO EZHOME, KANNUR DISTRICT, KERALA 670 303** **BY ADV R.SREEHARI** ## **RESPONDENT/RESPONDENTS:** **1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, E BLOCK CENTRAL SECRETARIAT, NEW DELHI – 110001 2 THE PASSPORT OFFICER, SUB REGIONAL PASSPORT OFFICE, KANNUR 670001 BY SRI.S.MANU, ASGI SRI.JAISHANKER V.NAIR, CGC** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WA NO. 448 OF 2022 ..2..** ## **JUDGMENT** ## **S. Manikumar, CJ** Before the writ court, the writ petitioner/appellant has sought for the following reliefs: I) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the 2[nd] respondent to consider the Petitioners request for the correction of his Name, Date of Birth and the Father's Name based on Ext P2 to P5 in the Petitioner's Passport bearing No. Z 2365772. II) To issue a direction to the 2[nd] respondent to endorse the Passport and Visa details in the present Passport bearing No. Z 2365772 in the new Passport which is to be issued as per the Order of this Honble Court. 2. The short facts leading to the filing of the writ petition are as follows:- According to the petitioner, the petitioner is an NRI and a holder of Ext.P1 passport valid till 22.09.2022. The petitioner's name is “Muhammed Iqbal Layina Kilillath”, **WA NO. 448 OF 2022 ..3..** his date of birth is “24.01.1968” and his father's name is “Machery Shaduli”. But in Ext.P1 passport, the name was wrongly entered as “Mohamed Iqbal Shahad Ali”, his date of birth as “01.01.1962” and his father's name as “Machairy Shahad Ali”. As per Ext.P2 Birth Certificate, Ext.P3 School Certificate, Ext.P4 Aadhaar card and Ext.P5 PAN card, the name of the petitioner is “Muhammed Iqbal Layina Kilillath”, the date of birth is “24.01.1968” and father's name is “Machery Shaduli”. The petitioner contends that as per the law abroad, a person can work upto 60 years in service. So as of now the petitioner will lose 6 years of service, if the date of birth is not corrected. His children are still studying there and without a job, the petitioner and his family cannot continue to stay there. Hence W.P.(C) No.3931 of 2021 has filed to issue a direction to correct the name, date of birth and father's name in Ext.P1 passport. **WA NO. 448 OF 2022 ..4..** 3. After considering the materials on record and submissions, writ court by judgment dated 25.02.2022 dismissed the writ petition as hereunder: The petitioner through the instant writ petition is asking for correction of the passport regarding his name, date of birth and father's name and in support thereof, has relied upon copies of birth certificate and admission register in this Writ Petition. Had there been a request for change of the date of birth, direction could have been issued to the passport authorities in terms of the circular dated 22.09.2016. But, here corrections are multifarious. The petitioner is required to obtain a decree by leading direct cogent evidence in proof thereof. Thus this Court is for the time being precluded to issue such direction. Being aggrieved, the instant writ appeal is filed. 4. Referring to Ext.P6 application submitted before the Passport Officer (2[nd] respondent) to re-issue the passport with changes in name of the applicant, date of birth and name of the applicant's father and Ext.P7 communication dated 08.05.2020, addressed to the **WA NO. 448 OF 2022 ..5..** appellant requiring to produce certain documents, Sri.R.Sreehari, the learned Counsel for the appellant submitted that the writ court went wrong in directing the petitioner/appellant to approach the civil court, as the application is still pending consideration before the concerned authority. 5. Mr.Jaishanker V. Nair, learned Central Government Counsel appearing for the respondents submitted that the issue is already covered by a decision of this Court in **Vasu Sasi** v. **Union of India and Others** [2020 (4) KHC 405] and therefore no interference is sought for in the impugned judgment. 6. Heard the learned Counsel for the parties and perused the materials on records. 7. This Court in **Vasu Sasi** (surpa) in paragraph '9' held so: 9. Therefore, the sole question now comes up for consideration is whether the learned **WA NO. 448 OF 2022 ..6..** Single Judge was right in dismissing the writ petition upholding the act of the Passport Officer in returning the application for correction. In fact, the issue in question was considered by a learned Single Judge of this Court in Jayakumar and Others v. Regional Passport Officer, Tvm (2015 (3) KHC 763: 2015 (3) KLT 158 : ILR 2015 (3) Ker.597: AIR 2015 Ker.237), wherein it was held that the passport is a solemn document and the details entered therein cannot be lightly interfered with, that too after many years without any sustainable cause and without any explanation as to why initially such a wrong declaration was made and why now a change is sought for. Taking into account the provisions of the manual existing then, in the matter of correction of date of birth ranging from 5 years to 7 years and the submission of application after a long lapse, it was held that no writ can be issued for correction of date of birth in passports, having unexplained and undue delay. The case at hand is not different, since the delay of a long number of years is not explained at all. Even though the passport in question is seen issued for a period of ten years from 2014, it is evident that previously the writ petitioner was **WA NO. 448 OF 2022 ..7..** holding passport No.E8532073 dated 25/03/2004 issued at Dubai. This also means that the writ petitioner was holding a passport prior to the one specified above, may be for an earlier period of 10 years which was renewed at Dubai. Therefore, it is explicit that there is an unexplained delay of several years, and the writ petitioner himself knew that it cannot be explained, which may be the reason for not specifying the date of original issue of passport, a mandatory requirement to consider an application as per the office memorandums supra. 8. Indisputedly, the petitioner/appellant is stated to have made Ext.P6 application to the Passport Officer (2[nd] respondent) for re-issuance of the passport with the details as stated supra. 9. Responding to the above, the Regional Passport Officer, Kozhikode sent a letter dated 08.05.2020, requiring the petitioner/appellant to produce certain documents. In this regard, Ext.P7 dated 08.05.2020 is relevant and is extracted hereunder: **WA NO. 448 OF 2022 ..8..** ## **GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS REGIONAL PASSPORT OFFICE, KOZHIKODE** Tel No.04952768869, 04952769139 No.04952765470 E-mail:rpo.kozhikode@mea.gov.in Website: www.passportindia.gov.in File No.KO1072784191920 Letter Ref.No:OBJ/309929235/20 REGIONAL PASSPORT OFFICE Fax KOZHIKODE, ERANHIPALAM POST KOZHIKODE-673006, KERALA Dated May 8,2020 **To, MUHAMMED IQBAL LAYINA KILILLATH S/O SHADULI MACHERY, MASKAN, NEAR PARVATHI GAS DEPO, ERIPURAM, PAYANGADI PO, EZHOME, KANNUR-670303 KERALA, INDIA TEL NO:9567789773** **Subject: Objection(s) with reference to your Passport Application NumberKO1072784191920** Dear sir, This is in reference to your Passport application number KO1072784191920 dated 23/01/2020. On processing of the Application form, the following shortcomings came to notice:- Your date of birth differs in old passports and application. Please furnish Birth certificate in correct date of birth. If you live in the vicinity of Passport Office Kozhikode or have been specifically asked to appear in person, you could choose to submit the required documents to the Enquiry Officer at the Passport Office on between 9:30 AM to 1:00 PM from Monday to Friday (Except Wednesday) 10 days after lock down period. Yours Sincerely, For Regional Passport Officer, Kozhikode **ENQUIRY TIMINGS OF REGIONAL PASSPORT OFFICE KOZHIKODE IS BETWEEN 9:30 AM TO 1:00 PM FROM MONDAY** **WA NO. 448 OF 2022 ..9..** ## **TO FRIDAY (EXCEPT WEDNESDAY)** - This is a computer system generated letter. Hence there is no need for a physical signature. - All references to the documents to be submitted given in this letter are as per the new passport application form and instruction booklet. - Toll Free No:1800-258-1800 10. As rightly contended by the learned Counsel for the petitioner/appellant that, when the application for reissuance of passport as stated supra is pending on the files of the Passport Officer (2[nd] respondent), writ court ought to have directed the said authority to pass appropriate orders, in accordance with the statutory provisions, Rules and Regulations framed, instead of driving the appellant to approach the civil court. 11. In the light of the above discussion, this Court is inclined to set aside the impugned judgment, directing the appellant to approach the civil court. 12. The Passport Officer, Sub Regional Passport Office,Kannur, (2[nd] respondent) is directed to consider the abovesaid Ext.P6 application, if it is still pending on his **WA NO. 448 OF 2022 ..10..** files, in accordance with the statutory provisions stated supra and if required, taking note of the decision of this Court stated supra, within a period of two weeks from the date of receipt of a copy of this judgment. The writ appeal is disposed of with the above directions. **Sd/S.MANIKUMAR CHIEF JUSTICE** **Sd/MURALI PURUSHOTHAMAN JUDGE** SB/05/04/2022