Jiby Paulose vs Union Of India
2024 Latest Caselaw 11793 Ker

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

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

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