Kerala High Court
Roshan P.G vs The Regional Passport Officer on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13700 OF 2024
PETITIONER:
ROSHAN P.G.,
AGED 42 YEARS, S/O. GOPI,
RESIDING AT PULLAYIL HOUSE,
EZHIKKARA P.O., NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN - 683513.
BY ADVS.
C.K.SREEJITH
KOZHIPURATH PRASEETHA GOPALAKRISHNAN
RESPONDENTS:
1 THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE,
PANAMPILLY NAGAR P.O., KOCHI - 682036.
2 UNION OF INDIA,
REP. BY THE SECRETARY TO THE GOVERNMENT
MINISTRY OF EXTERNAL AFFAIRS,
ROOM NO. 4095,B-WING JAWAHARLAL NEHRU BHAWAN,
23-D JANPATH NEW DELHI, PIN - 110011.
3 THE SUPERINTENDENT OF POLICE,
OFFICE OF THE SUPERINTENDENT OF
POLICE,ERNAKULAM, PIN - 682002.
4 STATION HOUSE OFFICER,
NORTH PARAVUR POLICE STATION,
NORTH PARAVUR P.O., ERNAKULAM - 683513.
BY ADVS.
SREEJITH V.S., GOVERNMENT PLEADER
SHRI.T.C.KRISHNA, CENTRAL GOVERNMENT COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.13700 of 2024
:2:
JUDGMENT
Dated this the 11th day of April, 2024 The petitioner has approached this Court seeking the following reliefs:-
"i) Issue a writ of mandamus or such other writ or direction directing the 1st respondent to accept Ext.P3 certificate as it contained the details referred in judgment Siju v. Regional Passport Officer [2021 SCC Online KER 9667] and there is no adverse remarks against the petitioner ineligible or grant of travel facility.
ii) Issue a writ of mandamus or such other writ or direction directing the 1st respondent to issue Police Clearance Certificate pursuant to application No.CO4086868541524.
iii) Dispense with filing of the translation of vernacular documents.
iv) Issue any other relief that this Hon'ble Court may deem fit to grant in the facts and circumstances of the case."
2. The petitioner states that since Ext.P3 Police Clearance Certificate has been issued on 13.09.2023, it will W.P.(C)No.13700 of 2024 :3: create problem for the petitioner to go abroad for employment. The petitioner seeks a fresh Police Clearance Certificate.
3. Senior Panel Counsel representing the Central Government submits that if the petitioner makes a fresh application for issue of Police Clearance Certificate online, the same can be considered in accordance with law.
In the circumstances, the writ petition is disposed of directing that if the petitioner makes an online application for issuance of a fresh Police Clearance Certificate within a period of one week from today, the 1 st respondent-Regional Passport Officer shall consider the same and issue fresh Police Clearance Certificate to the petitioner within a further period of two weeks, if all other parameters are satisfied.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.13700 of 2024 :4: APPENDIX OF WP(C) 13700/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER IN CRL.M.C. NO. 2509/2023 ON THE FILE OF HON'BLE HIGH COURT OF KERALA, ERNAKULAMDT. 13/4/2023 Exhibit P2 THE TRUE COPY OF THE ORDER IN CMP. NO.
3776/2023 IN CR. NO. 94/2008 OF NORTH PARAVUR POLICE STATION ON THE FILE OF HON'BLEJUDICIAL MAGISTRATE OF THE FIRST CLASS-I, NORTH PARAVURDT.
29/7/2023
Exhibit P3 THE TRUE COPY OF THE POLICE CLEARANCE
CERTIFICATE ISSUED BY 1ST
RESPONDENTDT. 13/9/2023
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
ISSUED TO THE 1ST RESPONDENTDT. 26/3/2024 Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 17204/2021 ON THE FILE OF HON'BLE HIGH COURT OF KERALA, ERNAKULAMDT. 16/9/2021 Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 1839/2024 ON THE FILE OF HON'BLE HIGH COURT OF KERALA, ERNAKULAMDT. 5/2/2024