K.Saravanan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.25598 of 2019 and W.M.P.No.25134 of 2019 K.Saravanan
...Petitioner
Vs.
1.The District Collector, O/o.Namakkal District, Namakkal-637 003.
2.The Superintendent of Police, O/o. Superintendent of Police, Namakkal District, Namakkal- 637 003.
3.The Inspector of Police, Puduchatiram Police Station, Namakkal District-637 003.
4.The Sub-Inspector of Police, Pudhuchathiram Police Station, Namakkal District 637 018.
...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue a writ, order direction in particular issue a writ of certiorari to call for the records on the file of 2nd respondent in reference No.Nil dated 27.07.2019 respect of History Sheet No.119 of 2018 maintain by the 3rd respondent and the quash the same.
For Petitioner : No Appearance For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor
O R D E R
The grievance of the petitioner is that the history sheet has been opened in his name illegally and that owing to the subsequent antecedents, the name requires to be removed from the history sheet.
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2. The decision to have the petitioner's name removed from the history sheet could fall within the purview of the Superintendent of Police and this Court, by exercising its power under Article 226 of the Constitution of India, cannot step into the shoes of the detaining authorities for the purpose of considering the petitioner's request for removal of name from the history sheet.
3. Nevertheless, if a direction is given to the concerned authority to consider the request for removal of the name from the history sheet, the ends of justice would be secured.
4. The learned counsel for the petitioner also relied upon a decision of this Court in W.P.No.1965 of 2018, etc., in the case of Sabari vs. Assistant Commissioner of Police, reported in 2018 LW (Crl) 817. Yardstick has been given for consideration of such a request for removal of name in the history sheet. It would be appropriate that when the respondents consider such request for removal of the name, this yardstick can be applied.
5. In the light of the above observations, the petitioner is granted liberty to approach the 2nd respondent/Superintendent of Police with a representation seeking for removal of his name from the history sheet maintained by the 3rd respondent police and on such a representation, the Superintendent of Police shall consider the same on its own merits and in accordance with law, as well as the observation made by this Court in this order and pass appropriate orders, preferably within a period of four weeks from the date of receipt of such representation.
6. Accordingly, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition stands closed. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 2/3
To 1.The District Collector, O/o.Namakkal District, Namakkal-637 003.
2.The Superintendent of Police, O/o. Superintendent of Police, Namakkal District, Namakkal- 637 003.
3.The Inspector of Police, Puduchatiram Police Station, Namakkal District-637 003.
4.The Sub-Inspector of Police, Pudhuchathiram Police Station, Namakkal District 637 018.
5. The Public Prosecutor, High Court of Madras.
AKM/03.12.19/3P-6C / W.P.No.25598 of 2019 and W.M.P.No.25134 of 2019 3/3