S.Elangomani v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.24228 of 2023 S.Elangomani

...Petitioner

Vs.

1.The Superintendent of Police, Ariyalur District, Ariyalur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Jayankondam, Ariyalur District, 3.The Revenue Divisional Officer (RDO) Udayarpalayam, Ariyalur District.

4.The Inspector of Police, T.Palur Police Station, Ariyalur District.

..Respondents PRAYER : PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to remove petitioner name from History Sheeter (HS)No.229 of 2007 of the 4th respondent police.

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For Petitioner : Mr.Ilayaraja Kandasamy For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to remove petitioner name from History Sheeter (HS)No.229 of 2007 of the 4th respondent police.

2.The case of the petitioner is that the petitioner is a graduate and running grocery shop for more than 30 years. Further, the petitioner is the State Joint Secretary of Labour Viduthalai Wing of Vidudhalai Chiruthaigal Party working for the welfare of his community people.

3.The grievance of the petitioner is that, though the petitioner is not involved in any criminal activities nor engaged with any antisocial elements and has always voiced for the voiceless and there are no cases registered or pending against the petitioner for more than 25 years, the respondent Police continues to 2/4

retain the name of the petitioner in the history sheet only with personal motive and vengeance and in order to harass him. Therefore, the petitioner made representations 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 the learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents. 5.

Taking into consideration the facts and circumstances of the case, there shall be a direction to the 4th respondent to act on 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 4th respondent along with a copy of this order. 3/4

N.ANAND VENKATESH, J ssr 6.

This writ petition is disposed of with the above directions. No costs. 17.08.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr To 1.The Superintendent of Police, Ariyalur District, Ariyalur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Jayankondam, Ariyalur District, 3.The Revenue Divisional Officer (RDO) Udayarpalayam, Ariyalur District.

4.The Inspector of Police, T.Palur Police Station, Ariyalur District.

5.The Public Prosecutor High Court of Madras, Madras.

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