High Court of KeralaWP(C)/14360/2015disposed of

Biju T.C v. Station House Officer

2015-05-22Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 WP(C).No. 14360 of 2015 --------------------------- PETITIONER:

------------------- BIJU T.C, AGED 39, S/O.CHATHAN, THEMALITHARA HOSUE, AIRPORT NAGAR, AKAPARAMBU, VAPPALASSERY POST, ERNAKULAM DISTRICT.

BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S):

--------------------------

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 ---------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- 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 --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

K. VINOD CHANDRAN, J.

--------------------------------------- W.P.C. No.14360 of 2015 --------------------------------------- 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 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