Rajendraprasad T.V vs Union Territory Of Lakshadweep
2023 Latest Caselaw 1496 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE V.G.ARUN
  FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                      WP(C) NO. 1562 OF 2023
PETITIONER:

            RAJENDRAPRASAD T.V
            AGED 42 YEARS
            S/O BALAN, THYVALAPPIL HOUSE, PACHATTIRI P.O,
            TIRUR, MALAPPURAM DIST., PIN - 616705

            BY ADVS.
            R.RANJITH (MANJERI)
            A.P.NIDHIN KUMAR



RESPONDENTS:

    1       UNION TERRITORY OF LAKSHADWEEP
            REPRESENTED BBY ITS ADMINISTRATOR, KAVARATTI, PIN
            - 682555

    2       THE ADMINISTRATOR
            UNION TERRITORY OF LAKSHADWEEP, KAVARATTI., PIN -
            682555

    3       DISTRICT POLICE CHIEF
            MALAPPURAM, PIN - 676505

    4       STATION HOUSE OFFICER
            TIRUR POLICE STATION, MALAPPURAM DIST., PIN -
            676101


            SAJITH KUMAR V ( UTL)

     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   20.01.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC No. 1562 of 2023

                                            2


                                  V. G. ARUN, J
                 .......................................................
                        W.P.(C).No. 1562 of 2023
               ..............................................................
               Dated this the 20th day of January, 2023

                                    JUDGMENT

The petitioner is desirous of participating in a conference to

be held at Lakshadweep. The procedure for securing entry permit

to Lakshadweep require production of Police Clearance

Certificates. Admittedly, petitioner is the accused in CC No.29/2013

pending on the files of the JFCM-I, Tirur, alleging commission of the

offence punishable under Section 420 read with Section 34 of the

IPC. Therefore, it will not be possible for the petitioner to obtain

Police Clearance Certificate. Faced with such predicament,

petitioner approached the Jurisdictional Magistrate Court seeking a

direction to the Police for issuance of the certificate. The request

was turned down stating that the Magistrate Court is not vested

with such power. Hence, this Writ Petition.

2. The Learned counsel for the petitioner submitted that

the petitioner will be satisfied with the issuance of a certificate

showing pendency of the Case. Learned Government Pleader

submitted that the procedure prescribed in the circular instructions

provides only for issuance of Police clearance certificate in cases

where the applicant is not involved in any criminal case. In this WPC No. 1562 of 2023

regard, attention is drawn to Clause 3(xviii) of Executive Directive

No.7/2018, issued by the State Police Chief.

3. I find substantial merit in the submission of the learned

Government Pleader. A Police Clearance Certificate cannot be

issued to a person involved in a crime. At the same time, there

cannot be any objection in issuing a certificate showing that the

petitioner is involved in only one crime.

The Writ Petition is accordingly disposed of, directing the 3 rd

respondent to issue certificate showing the petitioner's involvement

is only in the crime now pending before the Judicial First Class

Magistrate Court - I, Tirur, as CC No.29/2013. As the petitioner

intends to leave for Lakshadweep immediately, the certificate, as

directed above, shall be issued on 23.01.2023, on production of a

copy of this judgment.

sd/-

V. G. ARUN, JUDGE Nsd WPC No. 1562 of 2023

APPENDIX OF WP(C) 1562/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMUNICATION FROM THE OFFICE OF THE DISTRICT POLICE CHIEF, 3RS RESPONDENT DENYING NIOC TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE REQUEST OF THE SECRETARY OF THE WELFARE SOCIETY TO THE 3RD RESPONDENT