Elsamma John vs Regional Passport Officer And Ors

The petitioner has approached this Court with a plea that her representation, namely Ext.P12, preferred before the 1st respondent-Regional

Passport Officer, seeking correction of the name of her husband in her passport, be directed to be taken up and disposed of at the earliest.

Sri.K.V.Sabu â€" learned counsel for the petitioner, submitted that the petitioner's husband's name is Sri.Sunny John, but that on account of an

inadvertent error, her passport records the same as Sri.James John, which is his christen name and not his official name. He submitted that she has

produced Exts.P2 to P6 documents, which would ineluctably show that her husband's name is Sunny John and therefore, prays that Ext.P12 be

directed to be taken up and disposed of at the earliest.

In response, Sri.Jayasanker Nair learned Central Government Counsel, submitted that if the petitioner requires a correction of the entries in her

passport, she will have to make an on-line application through the internet portal of the Passport Authority and that if she does so, she will be given an

opportunity of being personally heard, before a decision thereon is taken. He added that if the petitioner is able to convince the competent authority

that the error in the passport is only inadvertent, then necessary action in terms of the Passport Act can be taken without any avoidable delay.

On hearing Sri.Jayasanker Nair as afore, Sri.K.V.Sabu â€" learned counsel for the petitioner, submitted that since his client is over 61 years in age

and since she has no one else to lend support to her â€" her husband and son being presently abroad â€" she may be allowed the benefit of an

authorised person to accompany her during the hearing.

Taking note of the afore submissions, I order this writ petition and leave liberty to the petitioner to make an appropriate on-line application for

correction of the entries in her passport; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, the 1st

respondent or such other competent Authority will consider the same, after affording her an opportunity of being heard as expeditiously as is possible,

but not later than a period of two weeks from the date of receipt of such application.

Needless to say, when the petitioner is given the opportunity of being heard in terms of the afore directions, she will also have the liberty to produce all

the relevant documents in support of her claim before the competent Authority and further to be accompanied by a person of her choice, who can

assist her.