T.Mahesh, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2020
CORAM
THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.No.1374 of 2020 T.Mahesh
...Petitioner
-Vs1.The District Collector, Cuddalore District, Cuddalore.
2.The Superintendent of Police, Cuddalore District, Cuddalore.
3.The Inspector of Police, Bhuvanagiri Police Station, Bhuvanagiri, Cuddalore District.
4.The Revenue Divisional Officer Cum Sub Divisional Magistrate, Chidambaram, Cuddalore District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to remove the name of the petitioner from the History Sheet maintained under the Inspector of Police, Bhuvanagiri Police Station, Bhuvanagiri, Cuddalore District the 3rd respondent herein.
For Petitioner : Mrs.S.S.Jhothivani For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side) 1/4
ORDER
The grievance of the petitioner is that the history sheet has been opened in the name of the petitioner illegally and that owing to the subsequent antecedents, the name requires to be removed from the history sheet. The decision to have the petitioner's name removed from the history sheet could fall within purview of the Superintendent of Police and this Court by exercising its power under Article 226 of Constitution of India cannot step into the shoes of the detaining authorities for the purpose of considering the petitioner's request for removal of the name from the history sheet.
2. Nevertheless, if a direction is given to the concerned authority to consider the request of removal of the name from the history sheet, the ends of justice would be secured. The learned counsel for the petitioner also relied upon the decision of this Court in W.P.No.1965 of 2018, etc., in the case of Sabari vs. Assistant Commissioner of Police, reported in 2018 LW (Crl) 817. Yardstick has been given for consideration of such a request for removal of name in the history sheet. It would be appropriate that when the respondents consider the such request removal of the name, this yardstick can be applied.
3. In the light of the above observations, the petitioner is granted liberty to approach the Superintendent of Police with the representation seeking for removal of his name from the history sheet maintained by the respondent police and on such a representation, the Superintendent of Police shall consider the same on its own merits and in accordance with law, as well as the observation made by this Court in this order and pass appropriate orders preferably within a period of four weeks from the date of receipt of such representation.
4. Accordingly, this writ petition is disposed of. No Costs. Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar dna 2/4
To 1.The District Collector, Cuddalore District, Cuddalore.
2.The Superintendent of Police, Cuddalore District, Cuddalore.
3.The Inspector of Police, Bhuvanagiri Police Station, Bhuvanagiri, Cuddalore District.
4.The Revenue Divisional Officer Cum Sub Divisional Magistrate, Chidambaram, Cuddalore District.
5.The Public Prosecutor, High Court, Madras.
+1 cc to M/s.S.S.Jothivani Advocate sr5257 W.P.No.1374 of 2020 aa27/02/2020 3/4