Raigon Kattukkaran Jose vs Union Of India
2023 Latest Caselaw 4947 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945


                  WP(C) NO. 12734 OF 2023


PETITIONER:

         RAIGON KATTUKKARAN JOSE
         AGED 42 YEARS
         S/O.KATTUKARAN KURIAN JOSE, KATTUKKARAN HOUSE,
         RUP NIVAS, CROSS ROAD, OLLUR.P.O, THRISSUR,
         PIN - 680306

         BY ADVS.
         LINDONS C.DAVIS
         E.U.DHANYA
         RAJITH DAVIS
         SWATHY A.P.
         N.S.SHAMILA


RESPONDENTS:

    1    UNION OF INDIA
         REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL
         AFFAIRS, PATTIALA HOUSE ANNEX, TILAK MARG,
         NEW DELHI, PIN - 110001

    2    REGIONAL PASSPORT OFFICER
         COCHIN, REGIONAL PASSPORT OFFICE, PANAMPILLY
         NAGAR.P.O, ERNAKULAM, KOCHI, PIN - 682036


         SRI S MANU, DSGI



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 12734 of 2023

                                       2




                                    JUDGMENT

The petitioner is an Indian citizen holding passport No.MO 199612. He

has approached this Court seeking the following reliefs:

i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to issue police clearance certificate, if necessary, by mentioning that there is a criminal case pending against the petitioner and the criminal court has permitted the petitioner to go abroad to peruse his employment, within a time frame fixed by this Honourable Court.

ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass orders on Exhibit P4 representation within a time frame fixed by this Honourable Court.

2. When the matter is taken up for consideration, the learned

counsel submits that the learned Judicial Magistrate of the First Class-III,

Thrissur, has granted a No Objection Certificate to the petitioner to travel

abroad for a period of one year. According to the learned counsel, in that

view of the matter, direction be issued to the Regional Passport Officer to

consider Ext.P4 and issue a Police Clearance Certificate incorporating the W.P.(C) No. 12734 of 2023

details of the Crime.

3. The learned DSGI submits that Ext.P4 can be considered, and

orders can be passed within a period of three weeks.

4. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the 2nd respondent to take up,

consider and pass appropriate orders on Ext.P4 in accordance

with the law, after affording an opportunity of being heard,

either physically or virtually, to the petitioner herein.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of three weeks from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned W.P.(C) No. 12734 of 2023

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE IAP W.P.(C) No. 12734 of 2023

APPENDIX OF WP(C) 12734/2023

PETITIONER'S EXHIBITS:

Exhibit P1 A COPY OF THE RELEVANT PAGE OF THE PASSPORT

Exhibit P2 A COPY OF THE LETTER OF 2ND RESPONDENT WITH REF.NO.SCN/314371289/23 DATED 03.03.2023 IN FILE NO.CO5086766936923

Exhibit P3 A COPY OF THE ORDER OF JFCM-III THRISSUR DATED 18.03.2023 IN CRL.M.P.NO.2304/2023 IN C.C.NO.510/2016 ARISING FROM OLLUR POLICE STATION CRIME NO.2520/2015

Exhibit P4 A COPY OF THE REPRESENTATION DATED 31.03.2023 OF THE PETITIONER SUBMITTED BEFORE THE 2ND RESPONDENT

Exhibit P5 A COPY OF THE JUDGMENT DATED 16.09.2021 IN W.P(C) NO.17204/2021

RESPONDENTS' NIL EXHIBITS: