IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 35914 of 2010(L) -------------------------- PETITIONER(S): --------------- SAKKEER HUSSASIN.T.C,AGED 34 YEARS, S/O.MOHAMMED, TODAN CHIRAKKAL HOUSE, NADUVATTAM,SUKAPURAM PO,MALAPPURAM DISTRICT. BY ADV. SRI.NOUSHAD THOTTATHIL RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION,MALAPPURAM DISTRICT 679 505. 2. THE CIRCLE INSPECTOR OF POLICE, PONNANI,MALAPPURAM DISTRICT 679 577. 3. THE PASSPORT OFFICER,PASSPORT OFFICE, MALAPPURAM,MALAPPURAM DISTRICT 676 505. 4. THE ASSISTANT DIRECTOR OF INCOME TAX (INVESTIGATION),8TH FLOOR, AYAKAR BHAVAN, MANANCHIRA PO, KOZHIKODE,KOZHIKODE DISTRICT. 673 001. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.35914 OF 2010(L) -------------------------------------------------- Dated this the 3rd day of January, 2011 J U D G M E N T What lead the petitioner to file this writ petition is the refusal of the first respondent in giving him a Police Clearance Certificate, as requested by the 3rd respondent. According to the petitioner, the reason for the refusal of the first respondent is that on 14.5.2010, an amount of Rs.50 lakhs carried by the petitioner was recovered from him and that in relation to the said incident, under the Income Tax Act proceedings are pending against him. 2. However, referring to Ext.P5 communication issued by the Assistant Director of Income Tax(Investigation), Kozhikode, 4th respondent, addressed to the first respondent, learned counsel for the petitioner submits that Sri.P.P.Abdul Aziz, employer of the petitioner has already lodged a claim with the Income Tax Department confessing that he is totally responsible for the amount. It is also stated that acting upon the said request of Sri. Abdul Aziz, WPC.No.35914 /2010 :2 : proceedings have already been initiated against him and therefore, the premise on which the first respondent refused to issue the Police Clearance Certificate as requested by the 3rd respondent is incorrect and illegal. 3. Government Pleader has obtained instructions in the matter. According to the Government Pleader, pursuant to the recovery of Rs.50 lakhs from the petitioner, although no crime so far been registered against him by the Police Department, the matter has been forwarded to the Income Tax Department and that the first respondent is awaiting further reports from the Income Tax Department to consider the request for issuance of Police Clearance Certificate. Government Pleader further states that for the aforesaid reason, the request for police clearance certificate was received from the 3rd respondent, was returned by the first respondent. 4. From the submissions thus made by the Government Pleader it is therefore obvious that the reason which lead the WPC.No.35914 /2010 :3 : first respondent to decline the Police Clearance Certificate was the recovery of Rs.50 lakhs from the petitioner and the consequential proceedings that are now pending before the Income Tax Department. Prima facie, Ext.P5, the communication issued by the Assistant Director of Income Tax(Investigation), Kozhikode, addressed to the first respondent indicates that proceedings now pending before the Income Tax Department are against Sri.P.P. Abdul Aziz mentioned therein. Still it is for the first respondent, to again verify with the Income Tax Department and ascertain as to whether any proceedings are pending against the petitioner and on such verification if it is revealed that no proceedings are pending against the petitioner, necessarily, the first respondent will have to reconsider the request of the 3rd respondent for the issuance of a Police Clearance Certificate. 5. Therefore, I direct that on the production of a copy of the judgment, the first respondent will verify with the 4th WPC.No.35914 /2010 :4 : respondent as to whether any proceedings in relation to the recovery of Rs.50 lakhs from the petitioner are pending against him before the 4th respondent and if it is reported that no such proceedings are pending, the first respondent shall reconsider the request made by the 3rd respondent for Police Clearance Certificate and orders thereon shall be passed and communicated to the 3rd respondent, at any rate within 2 weeks thereafter. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/