Kerala High Court
Rajendraprasad T.V vs Union Territory Of Lakshadweep on 20 January, 2023
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
WP(C) NO. 1562 OF 2023
PETITIONER:
RAJENDRAPRASAD T.V
AGED 42 YEARS
S/O BALAN, THYVALAPPIL HOUSE, PACHATTIRI P.O,
TIRUR, MALAPPURAM DIST., PIN - 616705
BY ADVS.
R.RANJITH (MANJERI)
A.P.NIDHIN KUMAR
RESPONDENTS:
1 UNION TERRITORY OF LAKSHADWEEP
REPRESENTED BBY ITS ADMINISTRATOR, KAVARATTI, PIN
- 682555
2 THE ADMINISTRATOR
UNION TERRITORY OF LAKSHADWEEP, KAVARATTI., PIN -
682555
3 DISTRICT POLICE CHIEF
MALAPPURAM, PIN - 676505
4 STATION HOUSE OFFICER
TIRUR POLICE STATION, MALAPPURAM DIST., PIN -
676101
SAJITH KUMAR V ( UTL)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC No. 1562 of 2023
2
V. G. ARUN, J
.......................................................
W.P.(C).No. 1562 of 2023
..............................................................
Dated this the 20th day of January, 2023
JUDGMENT
The petitioner is desirous of participating in a conference to be held at Lakshadweep. The procedure for securing entry permit to Lakshadweep require production of Police Clearance Certificates. Admittedly, petitioner is the accused in CC No.29/2013 pending on the files of the JFCM-I, Tirur, alleging commission of the offence punishable under Section 420 read with Section 34 of the IPC. Therefore, it will not be possible for the petitioner to obtain Police Clearance Certificate. Faced with such predicament, petitioner approached the Jurisdictional Magistrate Court seeking a direction to the Police for issuance of the certificate. The request was turned down stating that the Magistrate Court is not vested with such power. Hence, this Writ Petition.
2. The Learned counsel for the petitioner submitted that the petitioner will be satisfied with the issuance of a certificate showing pendency of the Case. Learned Government Pleader submitted that the procedure prescribed in the circular instructions provides only for issuance of Police clearance certificate in cases where the applicant is not involved in any criminal case. In this WPC No. 1562 of 2023 3 regard, attention is drawn to Clause 3(xviii) of Executive Directive No.7/2018, issued by the State Police Chief.
3. I find substantial merit in the submission of the learned Government Pleader. A Police Clearance Certificate cannot be issued to a person involved in a crime. At the same time, there cannot be any objection in issuing a certificate showing that the petitioner is involved in only one crime.
The Writ Petition is accordingly disposed of, directing the 3 rd respondent to issue certificate showing the petitioner's involvement is only in the crime now pending before the Judicial First Class Magistrate Court - I, Tirur, as CC No.29/2013. As the petitioner intends to leave for Lakshadweep immediately, the certificate, as directed above, shall be issued on 23.01.2023, on production of a copy of this judgment.
sd/-
V. G. ARUN, JUDGE Nsd WPC No. 1562 of 2023 4 APPENDIX OF WP(C) 1562/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION FROM THE OFFICE OF THE DISTRICT POLICE CHIEF, 3RS RESPONDENT DENYING NIOC TO THE PETITIONER Exhibit P2 TRUE COPY OF THE REQUEST OF THE SECRETARY OF THE WELFARE SOCIETY TO THE 3RD RESPONDENT