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Madras High CourtWP/30812/2013closed

P.Karunakaran Alias Kannan v. The Superintendent Of Police

2018-03-08Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.30812 of 2013 P.Karunakaran @ Kannan .. Petitioner

Versus

1.The Superintendent of Police, (District Public Information Officer), 2.The Deputy Superintendent of Police, (Assistant Public Information Officer), 3.The Inspector of Police, Kaveripakkam Police Station, Vellore District.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to pay a compensation of Rs.2 lakhs towards furnishing false information in the reply dated 19.7.2013 given by the 2nd respondent and for harassing the petitioner and his family members projecting in the petitioner's village that he is an offender and his name was found in the Local Ex.Convict List For Petitioner : Mr.A.Rajesh Kanna For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader

O R D E R

This writ petition has been filed seeking compensation of Rs.2,00,000/-, for furnishing false information in the reply dated 19.7.2013 given by the second respondent.

2. Heard Mr.A.Rajesh Kanna, learned counsel appearing for the petitioner and Mr.V.Shanmuga Sundar, learned Special

Government Pleader appearing for the respondents and perused the material documents available on record.

3. The case of the petitioner is that he is a law abiding citizen and doing agricultural coolie work for his livelihood. He has never involved in any criminal activities, but, the third respondent has included his name in the convict list and kept him under surveillance. Therefore, the petitioner sought for information under Right to Information Act, 2005 and in the reply submitted by the second respondent dated 19.7.2013, it has been stated that he was convicted in Crime No.357/1997. 4.The learned counsel for the petitioner submitted that the petitioner is a poor agricultural coolie and he has not involved in any criminal case, but he was unnecessarily harassed by the respondents. It is further contended that in the reply dated 19.7.2013, the respondents have deliberately given false statement stating that the petitioner was convicted in a criminal case.

5. The learned Special Government Pleader submitted that even though some inadvertent mistakes happened earlier, but in the information furnished by the second respondent dated 28.8.2013, it has been categorically stated that the petitioner was not shown as a Local Ex.Convict in the register, but, one Mr.Kannan S/o.Jayaraman was shown as an Ex.Convict. He has further stated that no harassment was caused by the respondents and in future also they would not harass the petitioner.

6. In the light of the above facts, I am of the opinion that the petitioner is not entitled to any compensation sought for in this writ petition. Recording the submission made by the learned Special Government Pleader, this writ petition is closed. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar ms To 1.The Superintendent of Police, (District Public Information Officer),

2.The Deputy Superintendent of Police, (Assistant Public Information Officer), 3.The Inspector of Police, Kaveripakkam Police Station, Vellore District.

+1cc to Government Pleader in sr.no.18405 W.P.No.30812 of 2013 tm(co) nr 05/04/2018