Read Judgment: Police Clearance Certificate Can't Be Denied Citing Criminal Case, Orders Kerala HC
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY,THE 22ND DAY OF MAY2015/1ST JYAISHTA, 1937
WP(C).No. 14360 of 2015
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PETITIONER:
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BIJU T.C, AGED 39, S/O.CHATHAN,
THEMALITHARA HOSUE, AIRPORT NAGAR,
AKAPARAMBU, VAPPALASSERY POST,
ERNAKULAM DISTRICT.
BY ADV. SRI.VINOD VALLIKAPPAN
RESPONDENT(S):
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1. THE STATION HOUSE OFFICER,
NEDUMBASSERY POLICE STATION,
ERNAKULAM DISTRICT - 683 101.
2. THE SUPERINTENDENT OF POLICE,
ERNAKULAM RURAL,
OFFICE OF THE SUPERINTENDENT OF POLICE,
ALUVA, ERNAKULAM - 688 101.
BY SENIOR GOVT. PLEADER SRI.BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22-05-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 14360 of 2015
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1. THE TRUE COPY OF THE DRIVING LICENSE OF THE IST PETITIONER.
EXHIBIT P2. THE TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE
IST RESPONDENT BY THE PETITIONER.
EXHIBIT P3. THE TRUE COPY OF THE FIR IN CRIME 484 OF 2012 AGAINST THE
PETITIONER.
EXHIBIT P4. THE TRUE COPY OF THE APPLICATION FOR POLICE CLEARANCE TO
BE SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER.
EXHIBIT P5. THE TRUE COPY OF THE JUDGMENT IN WPC 30220 OF 2014 OF THIS
HONOURABLE COURT DATED 14.11.2014.
RESPONDENT(S)' EXHIBITS: - NIL
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/TRUE COPY/
P.A. TO JUDGE
mbr/
K. VINOD CHANDRAN, J.
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W.P.C. No.14360 of 2015
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Dated this the 22nd day of May, 2015.
JUDGMENT
The petitioner is a taxi driver operating in the premises of
the Cochin International Airport Limited (CIAL). The petitioner
was directed to produce a Police Clearance Certificate by the
authorities of the CIAL. The petitioner has approached the first
respondent for the Police Clearance Certificate in the format as
required in Ext.P2. The petitioner contends that since he is
involved in a crime, charge sheeted by the Police, the Police
Authorities refused to issue the Police Clearance Certificate. If the
petitioner is involved in a crime, a certificate has to be issued
stating the nature of the offence in which the petitioner is
involved. The Police Authorities cannot refuse to issue a
certificate to the petitioner.
Therefore, there shall be a direction to the first respondent
WP(C) No.14360 of 2015 2
to intimate the details of the crime in which the petitioner is
involved to the 2nd respondent, without any delay. Thereafter, the
petitioner shall approach the second respondent, who shall issue
the certificate showing all the details including the offence in
which the petitioner is involved within ten days from the date of
receipt of such application from the first respondent.
The writ petition is disposed of as above.
Sd/-
K. VINOD CHANDRAN,
JUDGE
sp
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