Kerala High Court
Jiby Paulose vs Union Of India on 30 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
WP(C) NO. 16672 OF 2024
PETITIONER:
JIBY PAULOSE
AGED 45 YEARS
S/O. PAULOSE PANDALIL YACOB, PANDALIL HOUSE,
OORMANA P.O, RAMAMANGALAM, ERNAKULAM, PIN - 686663
BY ADVS.
T.D.SUSMITH KUMAR
T.O.DEEPA
JAYKAR.K.S.
C.SIVADAS
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED 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
2 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM - 695001
3 THE PASSPORT OFFICER,
OFFICE OF THE PASSPORT OFFICER, REGIONAL PASSPORT
OFFICE, PANAMPILLY NAGAR P.O, ERNAKULAM, PIN - 682036
4 THE DISTRICT POLICE CHIEF (RURAL) ERNAKULAM,
DISTRICT POLICE OFFICE, ALUVA, ERNAKULAM, PIN - 683101
5 STATION HOUSE OFFICER,
PUTHENCRUZ POLICE STATION, PUTHENCRUZ P.O,
ERNAKULAM, PIN - 682308
SRI. ARUN AJAY SHANKAR-GP,
SENIOR PANEL OF COUNSELS SRI. T.C.KRISHNA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16672 OF 2024
2
JUDGMENT
The petitioner holds a valid passport. He is involved in a criminal case in SC No.162/2024 pending on the file of the Assistant Sessions Judge, Muvattupuzha. The petitioner submits that he got a Visa to go to the State of Kuwait for a job for three years. He submitted Ext.P2 police clearance certificate application before the 3rd respondent which was rejected since the petitioner failed to provide information regarding the case in which he is involved as mentioned above. Thereafter, he filed a fresh Ext.P8 police clearance certificate application pursuant to the direction of the 3rd respondent as per Ext.P7 letter. The limited prayer of the petitioner is to give a direction to the 3rd respondent to consider Ext.P8 application and issue a fresh police clearance certificate.
2. I have heard the learned counsel for the petitioner and the learned Senior Panel Counsel Sri.T.C. Krishna appearing for respondents 1 and 3. I have also heard the learned Government Pleader appearing for respondents 2, 4 and 5. WP(C) NO. 16672 OF 2024 3 The petitioner holds a valid passport. He has also obtained Visa to go abroad. The Assistant Sessions Judge, Muvattupuzha, before whom the case against the petitioner is pending, has granted permission to the petitioner to go abroad. In these circumstances, the petitioner is entitled to get police clearance certificate. Hence, this writ petition is disposed of with a direction to the 3 rd respondent to consider and pass orders on Ext.P8 application as expeditiously as possible, at any rate, within a period of one month.
Sd/-
DR.KAUSER EDAPPAGATH JUDGE NP WP(C) NO. 16672 OF 2024 4 APPENDIX OF WP(C) 16672/2024 PETITIONER'S EXHIBITS Exhibit P-1 A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT, HAVING NO. X 5698005, DATED 01/03/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P-2 A TRUE COPY THE POLICE CLEARANCE CERTIFICATE APPLICATION NO.CO2086844676323 DATED 27/12/2023 Exhibit P-3 A TRUE COPY OF THE NOTICE, WITH REFERENCE NUMBER SCN/316741475/24, DATED 09/01/2024 Exhibit P-4 A TRUE COPY OF THE REPLY TO SHOW CAUSE DATED 20/01/2024 Exhibit P-5 A TRUE COPY OF THE NOTICE, WITH REFERENCE NO.
FCI/316911781/24 DATED 29/01/2024, ISSUED BY THE 3RD RESPONDENT Exhibit P-6 A TRUE COPY OF THE REPLY TO SHOW CAUSE DATED 08/02/2024 Exhibit P-7 A TRUE COPY OF LETTER HAVING REFERENCE NO.
FCL/317171763 DATED 26/02/2024, ISSUED BY THE 3RD RESPONDENT Exhibit P-8 A TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE APPLICATION DATED 27/02/2024 SUBMITTED BY THE PETITIONER Exhibit P-9 THE ORDER DATED 19/03/2024, IN CMP NO.181/2024 IN SC NO. 162/2024 ON THE FILE OF ASSISTANT SESSIONS JUDGE, MUVATTUPUZHA Exhibit P-10 A TRUE COPY OF THE JUDGMENT DATED 16/09/2021 IN SIJU VS. REGIONAL PASSPORT OFFICER [(WP(C) NO.17204 OF 2021=(2021 0 SUPREME(KER) 708) . RESPONDENTS' EXHIBITS: NIL