IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 4160 of 2011(T) ------------------------- PETITIONER: --------------- VINOD XAVIER,S/O.LATE XAVIER, AGED 37 YEARS,KURISINKAL HOUSE,49/1093-C-1, INDIRA ROAD, EDAPPALLY PO, KOCHI-24. BY ADV. MR. K.J.KURIACHAN RESPONDENTS: --------------- 1. THE STATE OF KERALA,REP.BY THE SECRETARY HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE COMMISSIONER OF POLICE, KOCHI CITY,ERNAKULAM 682 031. 3. THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION,KALAMASSERY 683 104. BY GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 4160 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th day of February, 2011 JUDGMENT The petitioner has approached this Court seeking for issuance of a writ of mandamus directing the second respondent to issue 'police clearance certificate' to the petitioner for going abroad. 2. The case projected in the Writ Petition is that, there was some matrimonial dispute between the petitioner and his wife and that the Family Court, Kottayam at Ettumanoor has already granted divorce. But some other proceedings are stated as pending before the Family Court, Alapuzha. The petitioner is allegedly employed abroad, who has come to India and proposes to go back in search of his employment, for which police clearance certificate is stated as necessary. But, the same is stated as denied by the respondents, in view of pendency of the criminal case covered by Exts. P1 and P2, involving offences under Sections 498 (A) and 120 of the Indian Penal Code. 3. The learned Government Pleader appearing for the respondents, submits that, pursuant to the request made by the petitioner, the matter was enquired by the 3rd respondent, who has reported that no crime is W.P. (C) No. 4160 of 2011 :2: pending against the petitioner in the Kalamasserry police station. It is further added that, pendency of the proceedings before the Judicial First Class Magistrate's Court, Changanasserry is disclosed by the petitioner himself and the second and third respondents are not in a position to issue 'clearance certificate' in view of the pendency of the criminal proceedings and that it is for the petitioner to approach the concerned Court to obtain 'No Objection Certificate' notwithstanding the pendency of the case as aforesaid. 4. The learned counsel for the petitioner submits that the petitioner would approach the concerned Court for obtaining necessary NOC and on issuance of the same, it will be produced before the second respondent for consequential steps. In the above circumstances, the petitioner is relegated to seek for appropriate relief from the Judicial First Class Magistrate Court, Changanacherry, wherein C.C. 215 of 2010 is pending and once the certificate is issued, the same shall be produced before the second respondent, upon which, the second respondent shall issue the clearance certificate as sought for, as expeditiously as possible, at any rate, within 10 days from the date of production of the order from the Court as aforesaid. Taking note of the urgency pointed out by the learned counsel for the petitioner, if any such application is filed by the petitioner before the W.P. (C) No. 4160 of 2011 :3: Judicial First Class Magistrate's Court, Changanasserry, the same shall be considered and appropriate orders shall be passed, after hearing both the sides, as expeditiously as possible, at any rate within one month, from the date of receipt of application as aforesaid. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd