Allowed

Biju T.C v. Station House Officer

Kerala HC22 May 2015WP(C)/14360/2015

Case brief

AI extract

What is this about?

A taxi driver sought a Police Clearance Certificate to operate at an airport. The police refused issuance due to a pending criminal charge. The court directed the police to intime crime details to the Superintendent of Police, who must issue a certificate specifying the offence without delay.

What did the court decide?

Direction to the first respondent to intimate crime details to the second respondent, who must issue the certificate showing offence details within ten days.

Biju T.C Vs Station House Officer — Service and Employment | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937

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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.

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BY ADV. SRI.VINOD VALLIKAPPAN

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RESPONDENT(S):

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1. THE STATION HOUSE OFFICER, NEDUMBASSERY POLICE STATION, ERNAKULAM DISTRICT - 683 101.

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2. THE SUPERINTENDENT OF POLICE,

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ERNAKULAM RURAL, OFFICE OF THE SUPERINTENDENT OF POLICE, ALUVA, ERNAKULAM - 688 101.

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BY SENIOR GOVT. PLEADER SRI.BIJU MEENATTOOR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 14360 of 2015

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APPENDIX

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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.

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EXHIBIT P3. THE TRUE COPY OF THE FIR IN CRIME 484 OF 2012 AGAINST THE PETITIONER.

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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.

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RESPONDENT(S)' EXHIBITS: - NIL

/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 22^nd day of May, 2015.

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JUDGMENT

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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.

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Therefore, there shall be a direction to the first respondent

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WP(C) No.14360 of 2015

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to intimate the details of the crime in which the petitioner is involved to the 2^nd 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.

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The writ petition is disposed of as above.

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Sd/- K. VINOD CHANDRAN, JUDGE

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Biju T.C v. Station House Officer

Case brief

What is this about?

What did the court decide?

Biju T.C v. Station House Officer

Case brief

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What did the court decide?

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