Kerala High Court
Anurag C.K vs The Station House Officer on 20 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:34372
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 20TH DAY OF MAY 2025 / 30TH VAISAKHA, 1947
WP(C) NO. 13070 OF 2025
PETITIONER:
ANURAG C.K.,
AGED 36 YEARS,
SON OF LATE RAGHAVAN P.,
VAYALATTIL HOUSE, KALLERIKKARA,
PO MATTANNUR,
KANNUR, PIN - 670702
BY ADVS.
B.ASHOK SHENOY
P.S.GIREESH
ARJUN R NAIK
UMASANKER U.U.
ADITYA A. SHENOY
RESPONDENTS:
1 THE STATION HOUSE OFFICER,
MATTANNUR POLICE STATION,
MATTANNUR PO, KANNUR, PIN - 670702
2 KANNUR INTERNATIONAL AIRPORT LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR,
REGD. OFFICE, KANNUR INTERNATIONAL AIRPORT LTD.,
KANNUR INTERNATIONAL AIRPORT PO,
MATTANNUR, KANNUR, PIN - 670708
BY ADVS.
M.GOPIKRISHNAN NAMBIAR,
M/S. MENON & PAI, ADVOCATES
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
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W.P.(C) No.13070/2025
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KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
NAYANPALLY RAMOLA(K/687-F/2014)
SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.13070/2025
:3:
JUDGMENT
Dated this the 20th day of May, 2025
The petitioner is before this Court challenging Ext.P16.
By Ext.P16, the petitioner's application for issuance of
Certificate of Non-Involvement in Offences stands rejected.
2. The petitioner's family are evictees in
connection with construction of Kannur International Airport.
The petitioner was engaged by the 2 nd respondent for
employment. For the purpose of grant of employment, the 2 nd
respondent sought Certificate of Non-Involvement in Offences.
Certificate of Non-Involvement in Offences was produced and
submitted by the petitioner.
3. Subsequently, the contract period expired and
the 2nd respondent sought a fresh Certificate of
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Non-Involvement in Offences by way of Ext.P13, for extension
of contract of employment. The petitioner submitted application
for Non-involvement in Offences Certificate. The application
stands rejected as per Ext.P16 without assigning any reason.
4. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing the 1st
respondent and the learned Standing Counsel representing the
2nd respondent.
5. It is not disputed that the petitioner is an
evictee and he has already been engaged by the 2 nd respondent
on contract basis on production of Certificate of
Non-Involvement in Offences. The petitioner requires a fresh
Certificate of Non-Involvement in Offences for renewal of
contract. This Court in the judgment in Sasikumar v. State of
Kerala [2023 KHC 254] has held that even if there are criminal
cases pending against an applicant, Certificate of Non-
Involvement in Offences can be issued indicating the particulars
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of the crimes.
6. In the case on hand, there is a criminal
complaint filed against the petitioner in respect of altercation
between the police and the petitioner and a counter case is also
pending.
7. Taking into consideration the fact that
Certificate of Non-Involvement in Offences is required for
renewal of employment and taking into consideration the fact
that the petitioner is an evictee in connection with the
construction of establishment of Kannur International Airport, I
am of the view that the writ petition can be disposed of with
appropriate directions.
8. The writ petition is accordingly disposed of with
appropriate directions:
i) Ext.P16 is set aside for the reason that it is a
non-speaking order rejecting the application of the petitioner for
Certificate of Non-Involvement in Offences.
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ii) The 1st respondent is directed to issue a Certificate
of Non-Involvement in Offences to the petitioner following the
judgment of this Court in Sasikumar (supra) indicating the
particulars of crimes, if any, pending against the petitioner.
iii) The Certificate shall be issued within a period of
two weeks.
Sd/-
N. NAGARESH
JUDGE
SR
2025:KER:34372
APPENDIX OF WP(C) 13070/2025
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF LAND ACQUISITION
CERTIFICATE NO.C-558/19/16 DATED
25.2.2016 ISSUED TO PETITIONER BY
SPECIAL TAHSILDAR (LA) AIRPORT,
MATTANNUR AND ADVISOR (LAND MATTERS),
KINFRA, MATTANNUR
Exhibit P2 TRUE COPY OF APPOINTMENT LETTER
NO.KIAL/HR/75/2019-20/7 DATED 30.1.2020
ISSUED TO PETITIONER BY 2ND RESPONDENT
Exhibit P2(a) TRUE COPY OF LETTER NO.
KIAL/HR/PERS/0174/2021-22 DATED
24.2.2022 ISSUED BY 2ND RESPONDENT TO
PETITIONER
Exhibit P3 TRUE COPY OF PROMOTION LETTER
NO.KIAL/PERS/0174/2021-22 DATED
8.3.2022 ISSUED BY 2ND RESPONDENT TO
PETITIONER
Exhibit P4 TRUE COPY OF PHOTOGRAPHS OF INJURED
PETITIONER TAKEN ON 5.6.2024,
IMMEDIATELY AFTER THE AFORESAID
INCIDENT
Exhibit P5 TRUE COPY OF PHOTOGRAPHS OF THE
PETITIONER TAKEN AT THE TIME OF
DISCHARGE FROM AKG HOSPITAL
Exhibit P6 TRUE COPY OF ACCIDENT REGISTER CUM
WOUND CERTIFICATE NO.0991 DATED
5.6.2024 ISSUED BY ASSISTANT SURGEON,
COMMUNITY HEALTH CENTRE, MATTANNUR IN
RELATION TO PETITIONER
Exhibit P7 TRUE COPY OF THE TREATMENT CERTIFICATE
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NO.301 DATED 11.6.2024 ISSUED BY AKG
HOSPITAL IN RELATION TO PETITIONER
Exhibit P8 TRUE COPY OF TREATMENT CERTIFICATE
NO.302 DATED 11.6.2024 ISSUED BY AKG
HOSPITAL IN RELATION TO PETITIONER
Exhibit P9 TRUE COPY OF THE TREATMENT CERTIFICATE
NO.303 DATED 11.6.2024 ISSUED BY AKG
HOSPITAL IN RELATION TO PETITIONER
Exhibit P10 TRUE COPY OF FINAL REPORT DATED NIL IN
CRIME NUMBER 440 OF 2024 OF MATTANNUR
POLICE STATION FILED BY MATTANNUR
POLICE BEFORE HON'BLE JUDICIAL FIRST
CLASS MAGISTRATE COURT, MATTANNUR
REGISTERED AS CC NO.1898 OF 2024
Exhibit P11 TRUE COPY OF THE COMPLAINT DATED
8.7.2024 FILED BY PETITIONER BEFORE THE
HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE, MATTANNUR PENDING AS CMP
NO.1827 OF 2024
Exhibit P12 TRUE COPY OF SUSPENSION ORDER
NO.KIAL/HR/PERS/0174/2024-25 DATED
20.6.2024 ISSUED BY 2ND RESPONDENT TO
PETITIONER ALONGWITH ENCLOSURES
THEREWITH,
Exhibit P13 TRUE COPY OF LETTER DATED 10.3.2025
ISSUED BY 2ND RESPONDENT TO PETITIONER
Exhibit P14 TRUE COPY OF REQUEST FOR NON
INVOLVEMENT IN OFFENCE CERTIFICATE
DATED 18.3.2025 SUBMITTED BY PETITIONER
TO 1ST RESPONDENT
Exhibit P15 TRUE COPY OF APPLICATION DATED
19.3.2025 SUBMITTED BY PETITIONER TO
2ND RESPONDENT
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Exhibit P16 TRUE COPY OF PRINT OUT OF THE STATUS OF
EXHIBIT P14 APPLICATION AS REFLECTED ON
THE WEBSITE OF KERALA POLICE.
