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2025 Supreme(Online)(Ker) 39410

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
Aaromal Vazhappully Manoj – Appellant
Versus
Regional Passport Officer – Respondent
WP(C) No. 24264 of 2025



Advocates:
For the Appellants/Petitioners: Sai Jo Hassan, Abraham J. Kaniyampady, Sangeeth Mohan, Bappu Galib Salam, Anindita Nandakumar
For the Respondents: O.M. Shalina

The issuance of a Police Clearance Certificate does not grant travel permission, emphasizing the need for court authorization amidst pending criminal cases.

Headnote:(A) Writ Jurisdiction - Police Clearance Certificate - The petitioner seeks issuance of Police Clearance Certificate (PCC) and release of the passport - PCC to detail any pending criminal cases/adverse reports against the petitioner but does not enable travel without court permission - Court directs timely issuance of PCC. (Paras 1, 2)

(B) Writ of Mandamus - Nature of Relief - A writ of mandamus can compel the authorities to perform a statutory duty - Court grants P1's request for issuance of PCC, while clarifying travel restrictions. (Paras 1, 2)

Facts of the case:
The petitioner, Aaromal Vazhappully Manoj, seeks a PCC for the release of his passport in light of pending criminal cases.

Findings of Court:
The court ordered the first respondent to issue a customized PCC within one week, specifying adverse reports.

Issues: The main issue is whether the police can provide a PCC amidst pending criminal cases.

Ratio Decidendi: The court affirms that the first respondent must issue a PCC, clarifying it does not permit travel—court permission is required.

Result: The writ petition is disposed of as above.

Table of Content
1. court's directive on pcc issuance (Para 2)

J U D G M E N T

This writ petition is filed with the following prayers;

“ i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the 1st respondent to issue Police Clearance Certificate (PCC) and to release the passport of the petitioner to him forthwith.

ii) This Honourable Court may be pleased to dispense with filing of the English translation of vernacular documents.

iii) To issue such other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of this case.”

2. Taking note of the fact that the petitioner’s request is only for the issuance of a Police Clearance Certificate (PCC), a customised PCC shall be issued by the 1st respondent, giving details of the criminal cases / adverse report pending against the petitioner. However, this will not enable the petitioner to travel, as the same can be undertaken only after getting permission from the Court concerned. The 1st respondent will issue PCC as directed above within one week from the date of receipt of a copy of the judgment. The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE LU APPENDIX OF WP(C) 24264/2025 PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO. 106/2025 DATED 29.01.2025 OF CHERPU POLICE STATION EXHIBIT P2 TRUE COPY OF THE FINAL REPORT DATED

30.03.2025 IN C.C. NO. 364/2025 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-

1, THRISSUR EXHIBIT P3 TRUE COPY OF THE OLD PASSPORT OF THE PETITIONER BEARING NO. N1003506 DATED

13.07.2015 EXHIBIT P4 TRUE COPY OF THE ONLINE APPLICATION RECEIPT ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS TO THE PETITIONER EXHIBIT P5 TRUE COPY OF THE LETTER OF SHOW CAUSE DATED

20.06.2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P6 TRUE COPY OF THE REPLY LETTER DATED24.06.2025 GIVEN BY THE PETITIONER TO THE FIRST RESPONDENT EXHIBIT P7 TRUE COPY OF THE NOTICE DATED NIL OF THE TRUSTEES’ BOARD MEETING ISSUED TO THE COMPLAINANT EXHIBIT P7A TRUE COPY OF THE BOARD MEETING DECISION OF THE TRUSTEES EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 27.01.2024 PREFERRED BY THE 1ST ACCUSED BEFORE THE 3RD RESPONDENT SHO, CHERPU POLICE STATION EXHIBIT P9 TRUE COPY OF FIR IN CRIME NO. 129/2025 DATED

04.02.2025 OF CHERPU POLICE STATION EXHIBIT P10 TRUE COPY OF THE OFFER LETTER DATED

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