MOOSAKUTTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks for a direction to the respondents to consider Exhibit P9 application and to grant licence sought for as as a private tour operator for the Hajj, 2012. Various aspects have been pointed out in the Writ Petition. It is pointed out that during the previous year his application was rejected, as a criminal case was pending. The petitioner relies upon various documents including Exhibit P4 police clearance certificate, statement filed as Exhibit P5 and application submitted before the Chief Judicial Magistrate Court, Manjeri to get the final report in Crime No. 412/09 and Exhibit P7 copy application filed in Crime No. 664/2010 before the same court.

(2.) Along with I.A. No. 7083/2012, the petitioner has produced Exhibit P10, an application submitted by the petitioner for registration before the Haj Committee. Exhibit P11 is the interim order passed by this Court in Criminal M.A. No. 3054/2012 in Crl.M.C. No. 1612/2012, whereby all further proceedings in Crime No. 412/2009 of Manjeri Police Station, pending before the Chief Judicial Magistrate Court, Manjeri has been stayed. Therefore, it is submitted that the same cannot be taken as an objection now.

(3.) The learned Assistant Solicitor General of India appearing for the 1st respondent submitted that one more criminal case, Crime No. 664/2010 of the Manjeri Police Station is pending against the petitioner and unless the petitioner is able to satisfy that the said case has been finalised in his favour, it will be difficult to consider his application. It is also submitted that after getting the details of the said case from the petitioner, again the police report will have to be called for and the petitioner will have to produce the same also.