Kerala High Court
Thulasi Das Gopi vs Regional Passport Officer on 24 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 18706 OF 2024
PETITIONER:
THULASI DAS GOPI
AGED 46 YEARS
S/O GOPI , NJATTUTUTHOTTIYIL HOUSE,
VADAYAPARAMBU DESOM, VELIYANADU P.O,
IDAKKADU VAYALIL VILLAGE,
ERNAKULAM, PIN - 682313
BY ADV SYAM J SAM
RESPONDENTS:
1 REGIONAL PASSPORT OFFICER
SHIHAB THANGAL ROAD,
NEAR IDBI CORPORATE BRANCH,
PANAMPILLY NAGAR, KOCHI,
ERNAKULAM, PIN - 682306
2 STATION HOUSE OFFICER HARIPAD
HARIPAD POLICE STATION,
HARIPAD PO, ALLAPUZHA,
KERALA,, PIN - 690514
BY ADV KRISHNA T C-CGC
SRI.SREEJITH V.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.18706 Of 2024
2
JUDGMENT
Dated this the 24th day of May, 2024
The petitioner is aggrieved by the action of the 1 st
respondent-Passport Officer in refusing to consider the
application of the petitioner for Police Clearance Certificate.
2. The petitioner states that for the purpose of going
to Norway for employment, he requires a Police Clearance
Certificate from the Passport Officer, but was categorically
denied as a result of clerical error on the part of the
AKSHAYA Centre where he registered for the Police
Clearance Certificate.
3. A case was registered against the petitioner under
Sections 279, 283, 289 and 304A of IPC, for which the
petitioner was allowed personal exemption from appearance
by the Judicial First Class Magristrate's Court II, Haripad.
Counsel for the petitioner submitted that in view of the
WP(C) No.18706 Of 2024
judgment of this Court in Siju v. Regional Passport Officer
[2021 SCC Online Ker 9667], the petitioner is entitled to get
a Police Clearance Certificate even though a crime is
pending against the petitioner.
4. Deputy Solicitor General of India submitted that
taking into consideration the judgment of this Court in Siju v.
Regional Passport Officer (supra), the petitioner's
application for Police Clearance Certificate can be
considered and the petitioner can be issued with a
customised Police Clearance Certificate incorporating the
particulars of the criminal case pending against the
petitioner, if all other parameters are satisfied.
Taking into consideration the law laid down by this
Court in Siju v. Regional Passport Officer (supra), the writ
petition is disposed of directing the 1 st respondent-Regional
Passport Officer to process the application for issuance of
Police Clearance Certificate and conclude the proceedings
WP(C) No.18706 Of 2024
taking note of the judgment of this Court in Siju v. Regional
Passport Officer (supra) and take appropriate decision
thereon, within a period of two weeks.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.18706 Of 2024
APPENDIX OF WP(C) 18706/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE MEMO GIVEN TO THE
PETITIONER REQUESTING CLARIFICATION
REGARDING THE ISSUANCE OF PASSPORT
FACILITIES DATED 24/04/2024.
Exhibit P2 THE TRUE COPY OF THE FIRST APPLICATION
FILED BY THE PETITIONER DATED
11/04/2024.
Exhibit P3 THE TRUE COPY OF THE PERSONAL
EXEMPTION ALLOWED BY JFMC II HARIPAD
DATED 21/11/2023.
Exhibit P4 THE TRUE COPY OF THE SECOND
APPLICATION DATED 20/05/2024.
