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Roshan P.G vs The Regional Passport Officer
2024 Latest Caselaw 10624 Ker

Citation : 2024 Latest Caselaw 10624 Ker
Judgement Date : 11 April, 2024

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

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

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

 
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