Sunil Kumar M vs Sub Inspector Of Police
2021 Latest Caselaw 14071 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE A.M.BADAR
     WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                       WP(C) NO. 13486 OF 2021
PETITIONER:

          SUNIL KUMAR M
          AGED 38 YEARS
          S/O.NARAYANAN PUNNERIMADAM,
          NANYOOR NAMBRAM,
          MULLAKKODI.P.O., KANNUR, PIN:670602

          BY ADV GIKKU JACOB



RESPONDENTS:

          SUB INSPECTOR OF POLICE
          KOOTHUPARAMBA POLICE STATION,
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM,
          KOCHI-682 031

          PASSPORT OFFICER, REGIONAL PASSPORT OFFICE,
          ERANHIPALAM .P.O., KOZHIKODE-673006


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13486 OF 2021
                                       2

                                  JUDGMENT

Heard the learned counsel for the petitioner as well as the learned

Government Pleader and the learned ASGI, who takes notice for the

respondents 1 and 2.

2. The limited grievance of the petitioner is to the effect that

the application for grant of Police clearance certificate at Ext.P8 is

pending with the 2nd respondent, despite the fact that the petitioner has

produced order of the competent Court permitting him to go abroad,

(Ext.P10). The learned counsel for the petitioner submits that as the

petitioner is called by the Embassy to appear before them on 16.07.2021

for the purpose of visa, his application at Ext.P8 be directed to be

decided by the 2nd respondent Passport Officer prior to that date.

3. I have heard the learned counsel appearing for the

respondents.

Considering the nature of prayer made in the instant petition, and

as the application at Ext.P8 for grant of Police Clearance Certificate is

reportedly pending before the 2nd respondent, the petition is disposed of

with a direction to the 2nd respondent to decide the application at Ext.P8,

if the same is still pending by 15.07.2021 and communicate the result

thereof, to the petitioner. The learned counsel for the 2 nd respondent to WP(C) NO. 13486 OF 2021

communicate this order to the 2nd respondent for compliance. Parties to

act on authenticated copy of this order.

Nsd                                              SD/-


                                             A.M.BADAR
                                               JUDGE
 WP(C) NO. 13486 OF 2021


              APPENDIX OF WP(C) 13486/2021
ANNEXURE/EXHIBITS

EXHIBIT P1           TRUE COPY OF THE FIR IN CRIME NO.309/2019 OF

KUTHUPARAMBA POLICE STATION DATED 02.04.2019.

EXHIBIT P2 TRUE COPY OF THE FINAL REPORT FILED IN CRIME NO.309/2019 OF KUTHUPARAMBA POLICE STATION

EXHIBIT P3 TRUE COPY OF THE REGISTER OF NURSES AND MIDWIVES CERTIFICATE OF REGISTRATION DATED 04.03.2021 ISSUED TO THE WIFE OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE EMPLOYMENT PERMIT ISSUED TO THE WIFE OF THE PETITIONER DATED 26.02.2021.

EXHIBIT P5 TRUE COPY OF THE EMPLOYMENT PERMIT ISSUED TO THE WIFE OF THE PETITIONER VALID FROM 26.03.2021 TO 25.03.2023

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 18.06.2021 ISSUED BY THE IRELAND VISA APPLICATION CENTRE, COCHIN

EXHIBIT P7 TRUE COPY OF THE DOCUMENT WHICH ARE TO BE FURNISHED BEFORE THE IRELAND VISA APPLICATION CENTRE, COCHIN

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 20.04.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR P.C.C

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 30.04.2019 ISSUED BY THE 2ND RESPONDENT REFUSING POLICE CLEARANCE CERTIFICATE TO THE PETITIONER

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 22.06.2021 IN C.M.P. NO.185/2021 IN S.C.NO.37/2020 PENDING BEFORE THE ASSISTANT SESSIONS COURT, THALASSERY.

EXHIBIT P11 TRUE COPY OF THE EXPLANANTION LETTER DATED 29.06.2021 SENT BY THE PETITIONER TO THE 2ND WP(C) NO. 13486 OF 2021

RESPONDENT

EXHIBIT P12 TRUE COPY OF THE POSTAL RECEIPT DATED 30.06.2021 ISSUED FOR EXHIBIT P11

//TRUE COPY//

PA TO JUDGE