Disposed

Unnikrishnana Pillai v. the District Police Chief

Kerala HC7 Nov 2016WP(C)/19756/2016

Case brief

AI extract

What is this about?

The court directed the 3rd respondent, Sub Inspector of Police, to finalize an enquiry into a petitioner's request for a police certificate for missing documents within two months, including hearing the petitioner, and disposed of the writ petition.

What did the court decide?

Direction to the 3rd respondent to finalize the enquiry and issue the police certificate within two months of receipt of the judgment copy after hearing the petitioner.

Unnikrishnana Pillai Vs the District Police Chief — Service and Employment | Kerala HC (2016)

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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 SHAJI P.CHALY

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MONDAY, THE 7TH DAY OF NOVEMBER 2016/16TH KARTHIKA, 1938

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WP(C).No. 19756 of 2016 (T)

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PETITIONER(S):

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UNNIKRISHNANA PILLAI, RESIDING AT KRISHNA VIHAR, PUTHIYAVILA, PATTOLIMARKET, KANDALLOOR, KARTHIKAPPALLY, ALAPPUZHA.

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BY ADVS.SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN

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RESPONDENT(S):

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1. THE DISTRICT POLICE CHIEF, ALAPPUZHA-680 001.

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2. THE CIRCLE INSPECTOR OF POLICE, KAYAMKULAM, ALAPPUZHA DISTRICT-690 502.

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3. THE SUB INSPECTOR OF POLICE, KANAKAKUNNU, ALAPPUZHA DISTRICT-680 001.

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ADDITIONAL R4 & R5 IMPLEADED

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4. THE RECORD OFFICER, EME RECORDS, SECUNDERABAD, ANDRAPRADESH, PIN-900 453.

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5. ZILA SAINIK WELFARE OFFICER, ZILA SAINIK WELFARE BOARD, ARATTUVAZHI ROAD, ALAPPUZHA-688 007.

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ADDL. R4 & R5 ARE IMPLEADED AS PER ORDER DTD.6.8.2016 IN IA.12383/2016.

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R1-R3 BY GOVERNMENT PLEADER SMT.K.R.DEEPA R4 & R5 BY ADV. SMT.MINI R.MENON, ADDL. CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 19756 of 2016 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 COPY OF THE LETTER FROM THE WELFARE BOARD DTD.23.1.2015.

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P2 COPY OF THE ACKNOWLEDGMENT OF THE COMPLAINT DTD.2.3.2015.

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P3 COPY OF THE COMPLAINT DTD.18.5.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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P4 COPY OF THE REPRESENTATION DTD.3.5.2015 SUBMITTED BY THE PETITIONER BEFORE THE MINISTER.

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P5 COPY OF THE REPLY DTD.4.6.2015 FROM THE OFFICE OF THE DISTRICT COLLECTOR.

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P6 COPY OF THE PAPER PUBLICATION.

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P7 COPY OF THE PROCEDURE DTD.13.6.2013 ISSUED BY THE GOVERNMENT OF INDIA

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

SHAJI P. CHALY, J.

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W.P.(C). No.19756 of 2016

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Dated this the 7^th day of November, 2016

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JUDGMENT

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Petitioner is an ex-serviceman. He was discharged from Army in July, 2009. Based on a decree passed by the Family Court, petitioner has been evicted from his house and in the process, petitioner lost his records inclusive of pension book, pension payment order, canteen card, ECHS card, S.S.L.C. book etc. etc. In order to secure duplicate of the same, Police certificate is essential. Petitioner has caused a notice published in the newspaper. However, 3^rd respondent, before whom the petitioner has applied for certificate of missing documents, has not cared to complete the enquiry, and issue certificate to the petitioner. It is in this background seeking appropriate direction this writ petition is filed.

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Heard learned counsel for petitioner, learned Senior Government Pleader, learned Central Government Counsel and perused the documents on record and the pleadings put forth by the petitioner and concerned officials of the Central Government.

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W.P.(C). No.19756 of 2016

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The sole question to be decided is whether petitioner is entitled to get any relief as sought for in the writ petition with respect to certificate of lost documents. The application submitted by the petitioner for the same is pending consideration before the 3^rd respondent. According to the learned Senior Government Pleader, necessary enquiries are being made by the 3^rd respondent to find out whether petitioner is entitled to get any certificate as sought for.

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Therefore, I think it is only appropriate that a direction is issued to the 3^rd respondent to finalize the enquiry within a time frame. Accordingly, there will be a direction to the 3^rd respondent to consider the application submitted by the petitioner to secure duplicate Police certificate for all missing documents, within a period of two months from the date of receipt of a copy of this judgment, after providing sufficient opportunity of hearing to the petitioner to participate in the proceeding before finalization of the request sought for by the petitioner.

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Writ petition is disposed of accordingly.

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Sd/-

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smv/07.11.2016

Unnikrishnana Pillai v. the District Police Chief

Case brief

What is this about?

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Unnikrishnana Pillai v. the District Police Chief

Case brief

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