T.Sivakumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.22387 of 2021 T.Sivakumar

...Petitioner

Versus

1. The Superintendent of Police, Cuddalore,

2. The Inspector of Police, Chidambaram Taluk Police Station,

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constituion of India, to issue a Writ of Mandamus, directing the first respondent to remove the name of the petitioner from the history sheet register in H.S.No.398/2020 maintained by the second respondent by considering the representations of the petitioner dated 06.09.2021.

For Petitioner : Mr.T.Saravanan For Respondents : Mr.R.Vinoth Raja Government Advocate(Crl. Side)

O R D E R

This Writ Petition is filed to direct the first respondent to remove the name of the petitioner from the history sheet register in H.S.No.398/2020 maintained by the second respondent by considering the representations of the petitioner dated 06.09.2021.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing on behalf of the respondent police.

3.The learned counsel for the petitioner submits that the petitioner is being a Village Panchayat President for three consecutive periods of five years for the past 15 years at Thunisiramedu Panchayat. The petitioner's sister was elected as Village Panchayat President, where he worked for her victory.

Due to the political enmity, the former ruling party opponent attacked the relative of the petitioner and damaged their belongings with the help of Goondas. Hence an FIR dated 08.05.2021, was registered against them by the second respondent. At the instance of the said former ruling party members, an FIR has been registered against the petitioner as a counter case on the same day i.e. on 08.05.2021. The name of the petitioner is entered into the rowdy list as history sheeter by the second respondent. The second respondent under the guise of history sheet register often disturbing the petitioner at all odd hours. There by the petitioner is put to great hardship and irreparable loss. The petitioner had sent a representation dated 06.09.2021, to the first respondent and others to remove the name of the petitioner from the history sheet register. But even inspite of receipt of the same till date the name of the petitioner was not removed from the history sheet list. Hence, this writ petition is filed.

4.The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that the petitioner's representation dated 06.09.2021, has been received by the respondent police and within a period of eight weeks, the representation of the petitioner would be considered and thereafter, appropriate orders would be passed. 5.In view of the above, the respondent police is directed to consider the representation of the petitioner dated 06.09.2021, within a period of eight weeks, from the date of receipt of a copy of this order and pass appropriate orders in accordance with law.

6.With the above direction, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ah To

1. The Superintendent of Police, Cuddalore,

2. The Inspector of Police, Chidambaram Taluk Police Station,

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Saravanan, Advocate, S.R.No.54115 W.P.No.22387 of 2021 SJ[co] NSK 15/11/2021