IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
MUHAMED AKBER THACHARAKKAL CANNOTH – Appellant
Versus
THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE – Respondent
WP(C) NO. 45925 OF 2025
| Table of Content |
|---|
| 1. right to mandamus in administrative processes. (Para 1) |
| 2. court directive on administrative timelines for application processing. (Para 2 , 3) |
| 3. requirements for the petitioner regarding return for legal proceedings. (Para 4) |
JUDGMENT
The writ petition is filed with the following prayers:
“i.Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to provide a NIOS (Non Involvement In Offence Certificate) to the petitioner adverting to circular No: circular bearing No:3/2025/PHQ dated 09.01.2025 and the dictum laid down by this Hon’ble court in Sashikumar Vs. State of Kerala reported in 2023 KHC online 254 ii.Issue any appropriate order or direction commanding the 1st respondent to issue a Police Clearance Certificate by making appropriate changes in Appendix 32 of The Passport Manual incorporating the details of case pursuant to Ext.P4 FIR, now transferred as Long Pending Cases as LP No:100/2002 before Assistant sessions court Tirur.
iii.Declare that the petitioner is entitled to get his Ext.P1 Passport renewed in way of the dictum laid down by this Hon’ble court in Jayan Vs. Union of India reported in 2018(4) KLT 1077 and Navya Nalan Vs. District Police Chief Kollam Rural reported in 2025 KHC online 1528 iv.Declare that the refusal of a Police Clearance Certificate to the petitioner would be highly illegal, arbitrary and violative of the fundamental rights guaranteed to the petitioner under Article 14 and Article19(1)(g) and Article 21 of the Constitution of India.
v.English translation of the vernacular exhibits shall be produced as and when required and as directed by this Hon’ble court.
vi.Issue such other reliefs or orders as this Hon’ble Court may deem fit and proper to grant in the facts and circumstances of this case.”
2. The learned DSGI, on instructions, submits that the additional 4threspondent has received the application submitted by the petitioner for re- issuance of the passport.
3. Taking note of the fact that the application is pending consideration, there will be a direction to the additional 4th respondent to pass orders on the same, in accordance with law, within one month from the date of receipt of a copy of this judgment. The additional 4th respondent shall renew the passport for a period of one year to enable the petitioner to travel to India and take necessary steps to participate in the criminal proceeding initiated against him.
4. The petitioner shall return to India within one year and take such steps as necessary for prosecuting LP No. 100/2002 before the Assistant Sessions Court, Tirur, which arose from FIR No.169/1997 of Thirur Angadi Police Station.
The writ petition is disposed of as above.
Sd/-MOHAMMED NIAS C.P.
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