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Madras High CourtWP/18483/2019disposed of

V.Gopi v. The District Collector,

2019-06-28Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P. No.18483 of 2019 V.Gopi ... Petitioner Vs.

1. The District Collector, 2.The Superintendent of Police, Krishnagiri, 3.The Inspector of Police, Samalpatti Police Station, ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to remove the petitioner's name as rowdy in the history sheet of 3rd respondent police.

For Petitioner : Mr.S.Gopinath For Respondents : Mr. M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This writ petition has been filed for a direction to the 3rd respondent to remove the name of the petitioner from the history sheet.

2. The learned counsel for the petitioner submitted that the 3rd respondent had opened a history sheet and added the name of the petitioner in the rowdy's list in the year 2010 and till today the name of the petitioner is shown in the history sheet. The learned counsel for the petitioner submitted that there are two cases pending as against this petitioner. The learned counsel for the petitioner further submitted that the petitioner was also elected as Councillor and was Vice President of

Panchayat during the year 2010 to 2016 and that he is living a decent life. However, the 3rd respondent continues to retain the name of the petitioner in the history sheet.

3. The petitioner has given a representation dated 04.05.2019 to the respondent police to remove the name of the petitioner from the history sheet. Since no action has been taken on the representation, the present writ petition has been filed before this Court.

4. The learned Additional Public Prosecutor on instructions submitted that out of the two cases pending as against the petitioner, one case is at the stage of FIR and in the other case, investigation has been completed and a final report has also been filed.

5. This Court has carefully considered the submissions made on either side.

6. Taking into consideration, the facts and circumstances of the case, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner and take a decision regarding the removal of the name of the petitioner from the history sheet in accordance with the guidelines given by this Court in Sabari @ Sabarigiri Vs. Assistant Commissioner of Police, Annanagar (L and O) Range, Madurai City, Madurai and Others (2018) 4MLJ (Crl) page 585. This process shall be completed by the 3rd respondent within a period of six weeks from the date of receipt of copy of this order.

7. This writ petition is disposed of with a above directions. Consequently, connected miscellaneous petition is closed. No costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ub To

1. The District Collector, 2.The Superintendent of Police, Krishnagiri,

3.The Inspector of Police, Samalpatti Police Station, +1 CC to Mr.K. Thiruvengadam, advocate sr 54776. W.P. No.18483 of 2019 VD(CO) SP(30/07/2019)