R.Sankar v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.12.2020
CORAM:
THE HON'BLE MR.JUSTICE T.RAVINDRAN W.P.Nos.18270 & 18271 of 2020 R.Sankar, S/o, Ramakrishnan, No.714/1, Middle Street, Veeramudianatham Village & Post.
Buvanagiri Taluk, Cuddalore District - 608 702.
...Petitioner in W.P.No.18270 of 2020
A.Shiva, S/o, Alagesan, No.732, Middle Street, Veeramudianatham Post, Buvanagiri Taluk, Cuddalore District.
... Petitioner in W.P.No.18271 of 2020 -Vs1. The Superintendent of Police, Cuddalore District, Cuddalore.
2. The Deputy Superintendent of Police, Sethiathoppu, Cuddalore District.
3. The Inspector of Police, Sethiathoppe Police Station, Cuddalore District.
... Respondents in both the W.Ps Common Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue an order, direction, writ more particularly a writ in the nature of Writ of Mandamus, direct the respondents to consider the petitioner representation dated 17.09.2020 and pass necessary order removing the petitioner name from the history sheet rowdy list maintained in the 3rd respondent police station within a stipulated time.
For Petitioner : Mr.R.Sethuvarayar For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor C O M M O N O R D E R The Writ Petitions have been filed to issue a Writ of Mandamus directing the respondents to consider the representation dated 17.09.2020 putforth by the petitioners with reference to the deletion of their names from the history sheet rowdy list maintained in the third respondent police within a stipulated period.
2. According to the petitioners, the respondent police has laid a false case against them in Crime No.186 of 2020 by arraying them as A18 and A17 respectively and they are not at all involved in the abovesaid crime and without any basis or foundation, the third respondent had opened the history sheet rowdy list against them and due to the same, their reputation and the reputation of their family has been seriously affected and also unable to secure a job and only with the ulterior motive, the history sheet rowdy list has been opened against them by the third respondent without following any rules or guidelines and hence seeking for the deletion for their names from the history sheet rowdy list, according to the petitioners, they had sent a representation dated 17.09.2020, however, the same has not been considered by the respondent police and hence left with no other alternative, they have been constrained to file the present writ petitions for appropriate relief.
3. At the time when the writ petitions are taken up for hearing, it is represented by the Additional Public Prosecutor that a suitable direction may be given to the first respondent ie., the Superintendent of Police, Cuddalore District to consider the representations given by the petitioners dated 17.09.2020 and dispose of the same within a stipulated period and the same would satisfy the ends of justice. Only for the said relief, as above noted, the petitioners have also preferred the writ petitions.
4. Considering the abovesaid factors, in toto, if a suitable direction given to the first respondent ie., the Superintendent of Police, Cuddalore District to consider and dispose of the representations given by the petitioners dated 17.09.2020 as per law, in my considered opinion, the same would meet the ends of justice.
5. In the light of the abovesaid factors, the first respondent ie., the Superintendent of Police, Cuddalore District is directed to consider and dispose of the representations given by the petitioners dated 17.09.2020 seeking for the deletion of their names from the history sheet rowdy list maintained in the third respondent police station within a period of four weeks from the date of receipt of a copy of this order in accordance with law.
6.Accordingly, the Writ Petitions are disposed of. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mfa To
1. The Superintendent of Police, Cuddalore District, Cuddalore.
2. The Deputy Superintendent of Police, Sethiathoppu, Cuddalore District.
3. The Inspector of Police, Sethiathoppe Police Station, Cuddalore District.
4.The Public Prosecutor, High Court, Madras.
+2cc to Mr.R.Sethuvarayar, Advocate Sr.41633, 41632 W.P.Nos.18270 & 18271 of 2020 ad[co] srg 08/01/2021