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Dhanush R.Nair v. State of Kerala

Kerala HC8 Oct 2021WP(C)/11346/2021

Case brief

AI extract

What is this about?

Petitioner challenged delay in granting police clearance certificate due to pendency of a DV case. Court noted the criminal case was closed and directed Respondents to issue the certificate forthwith, ensuring any pending proceedings be mentioned therein.

What did the court decide?

Direction to the Additional District Superintendent of Police, Kollam to issue the Police Clearance Certificate sought by the petitioner forthwith.

Dhanush R.Nair Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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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 P.B.SURESH KUMAR

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FRIDAY, THE 8^TH DAY OF OCTOBER 2021 / 16TH ASWINA, 1943

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WP(C) NO. 11346 OF 2021

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PETITIONER:

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DHANUSH R.NAIR, AGED 43 YEARS S/O.RADHAKRISHNA PILLAI,DHANYAPURI HOUSE, NAMBURUVIKALA,ALUMKADAVU,KARUNAGAPPALLY, KOLLAM DISTRICT.

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BY ADVS.

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E.N.VISHNU NAMBOODIRI NARAYANAN P POTTY

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P.REJINARK

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P.SANKARAN NAMPOOTHIRI

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY THE PRINCIPAL SECRETARY,DEPARTMENT OF HOME AFFAIRS,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

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2 THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION,KARUNAPPALLY, KOLLAM-690526.

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ADDL.R3 THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. ADDL.R3 IS IMPLEADED AS PER JUDGMENT DATED 08.10.2021.

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BY SR.GP.DEEPA NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.11346 of 2021

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W.P.(C) No.11346 of 2021

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JUDGMENT

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The District Superintendent of Police, Kollam, is impleaded suo motu as the additional third respondent in this proceedings.

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The grievance voiced by the petitioner in the writ petition concerns the delay on the part of the respondents in granting the Police Clearance Certificate sought by him. It is stated by the petitioner that the Police Clearance Certificate is not being granted on account of the pendency of Crl.M.C.No.2410 of 2021 before this Court. The case of the petitioner is that Crl.M.C.No.2410 of 2021 relates to a proceedings initiated against him by his estranged wife under the Domestic Violence Act and the said proceedings is no longer pending.

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On a verification of the records by this Court, it is found that Crl.M.C.No.2410 of 2021 is no longer pending and

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W.P.(C) No.11346 of 2021

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it stands closed. Even otherwise, the Police Clearance Certificate cannot be denied on that ground. If there is such a proceedings, it is obligatory on the part of the competent authority to grant the Police Clearance Certificate mentioning the particulars of the proceedings.

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In the said view of the matter, the writ petition is disposed of directing the additional third respondent to issue the Police Clearance Certificate sought by the petitioner forthwith. It is made clear that if there is any criminal proceedings against the petitioner, the particulars of the same can be certainly mentioned in the Police Clearance Certificate.

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Sd/P.B.SURESH KUMAR, JUDGE

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ds 08.10.2021

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W.P.(C) No.11346 of 2021

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APPENDIX

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF PETITIONER'S PASSPORT BEARING NO.V8352497 ISSUED BY EMBASSY OF INDIA, DOHA, QATAR.

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EXHIBIT P2 TRUE COPY OF APPLICATION DATED 18.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE EMBASSY OF INDIA, DOHA, QATAR. EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF CRIMINAL M.C.NO.2410/2021 BEFORE THIS HON'B;E COURT FILED BY THE PETITIONER. EXHIBIT P4 TRUE COPY OF C.M.P. NO.6209/2019 FILED BEFORE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOTTAYAM DATED 28.10.2019.

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EXHIBIT P5 TRUE COPY OF ORDER DATED 29.1.2021 IN C.M.P. NO.6209/19 OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT I, KOTTAYAM.

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EXHIBIT P6 TRUE COPY OF ORDER DATED 27.4.2021 IIN CRL.M.A.NO.1/2021 OF THIS HON'BLE COURT.

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EXHIBIT P7 TRUE COPY OF ORDER DATED 11.5.2021 IN CRL.M.A. NO.3/2021 OF THIS HON'BLE COURT.

Dhanush R.Nair v. State of Kerala

Case brief

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Dhanush R.Nair v. State of Kerala

Case brief

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