R.Senthamizhselvan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH R.Senthamizhselvan .. Petitioner

Versus

1. The District Collector, Office of the Collectorate, Ariyalur, Ariyalur District - 621 704.

2. The Superintendent of Police, Office of the Superintendent, Ariyalur, Ariyalur District - 621 704.

3. The Revenue Divisional Officer, Udayarpalayam Revenue Division, Udayarpalayam, Ariyalur District - 621 804.

4. The Deputy Superintendent of Police, Office of the Jayankondam Division, Jayankondam, Ariyalur - 621 802.

5. The Inspector of Police, Jayankondam Police, Jayankondam, Ariyalur District - 621 802.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 4th and 5th respondents 1/6

to remove the petitioner's name from the "History Sheeter" list maintained by the 5th respondent Police Station.

For Petitioner : M/s.M.Jothikumar For Respondents : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus seeking for a direction to the respondents 4 and 5 to remove the petitioner's name from the History Sheeter list maintained by the fifth respondent Police Station.

2. The case of the petitioner is that the fifth respondent registered six F.I.Rs in Crime Nos.247 of 2010, 352 of 2011, 882 of 2020, 288 of 2021, 713 of 2021 and 176 of 2022. Thereafter, the fifth respondent opened a History Sheet against the petitioner in the year 2021 in H.S.No.474 of 2021.

3. The further case of the petitioner is that he is working as Panchayat President. The grievance of the petitioner is that, though the petitioner is not involved in any criminal activities nor engaged with any antisocial elements, the fifth respondent Police continues to retain the name of the 2/6

petitioner in the History Sheet only with personal motive and vengeance and in order to harass him. Therefore, the petitioner made a representation to remove his name from the History sheet. Since the same was not considered, the present Writ Petition has been filed before this Court.

4. Heard Mr.M.Jothikumar, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondents.

5. Taking into consideration the facts and circumstances of the case, there shall be a direction to the fifth respondent to act upon the representation made by the petitioner and deal with the same in accordance with the guidelines issued by this Court in [Sabari @ Sabarigiri Vs. Assistant Commissioner of Police, Anna Nagar, (L&O) Range, Maurai city, Madurai and others] in 2018 4 MLJ Crl. 585 and in [Thirumurugan and another Vs. The Superintendent of Police, Madurai] reported in 2020 2 LW Crl 266 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the fifth respondent along with a copy of this order.

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6. This Writ Petition is disposed off with the above directions. No costs.

24.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Public Prosecutor, High Court of Madras.

2. The District Collector, Office of the Collectorate, Ariyalur, Ariyalur District - 621 704.

3. The Superintendent of Police, Office of the Superintendent, Ariyalur, Ariyalur District - 621 704.

4. The Revenue Divisional Officer, Udayarpalayam Revenue Division, Udayarpalayam, Ariyalur District - 621 804.

5. The Deputy Superintendent of Police, Office of the Jayankondam Division, Jayankondam, Ariyalur - 621 802.

6. The Inspector of Police, Jayankondam Police, 4/6

Jayankondam, Ariyalur District - 621 802.

5/6

N.ANAND VENKATESH, J.

grs 24.07.2023 6/6