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2007 Supreme(Ker) 285

S.SIRI JAGAN
Biju Jacob – Appellant
Versus
State of Kerala – Respondent


Judgment :-

S. Siri Jagan, J.

The petitioner applied for a passport. As proof of his date of birth petitioner has two records. One is his birth certificate, copy of which is Ext.') 1 as per which his date of birth is 28-9-1971. However in his SSLC book the date of birth shown is I4-4-1972. In view of the discrepancy the second respondent Passport Officer refused to entertain the petitioner's application for passport. The petitioner's submission is that the date of birth was wrongly entered in the school records which happened to be carried over to the SSLC hook. In the above circumstances, the petitioner has sought the following reliefs:-

(i) issue a writ of mandamus compelling the 2nd respondent to issue passport by relying on the date of birth shown in Exts.P1 and P2 certificates without any delay.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to permit the petitioner to apply for passport by showing the date of birth mentioned in Exts.P1 and P2 certificates.

(iii) issue such other writ, order or direction as may he necessary in the facts and circumstances of the case.

2. I have heard the learned counsel for the petitioner as

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