R.Ilamaran, M/A 49 Years v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.12.2016 Coram THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.40453 of 2016 R.Ilamaran .. Petitioner Vs.

1.State rep.by the Deputy Inspector General of Police, Central Region, Trichirapalli.

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

3.The Deputy Superintendent of Police, Ariyalur District, Ariyalur.

4.The Inspector of Police, Udaiyarpalayam Police Station, Ariyalur District.

.. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the respondents 2 and 3 to delete the petitioner name from the History sheet rowdy list on the basis of his representation dated 05.07.2016 within the time framed by this Hon'ble Court.

For Petitioner :Mr.K.Gandhi Kumar For Respondents :Mr.C.Emalias, APP

ORDER

This writ petition has been filed to issue a writ of Mandamus, directing the respondents 2 and 3 to delete the name of the petitioner from the History sheet rowdy list, on the basis of his representation dated 05.07.2016, within the time framed by this Court.

2.The case of the petitioner is that on the basis of the complaints lodged by his relatives and village people over the land dispute and other disputes, three criminal cases have been

registered against him, which subsequently ended in acquittal. Thereafter, no case was either registered or pending against him. In the year 2014, he made a representation to the Deputy Superintendent of Police, Jayamkondan, requesting to delete his name from the records maintained by the police and the same is pending. While so, on 29.06.2016, the fourth respondent asked the petitioner to appear before him, in connection with Crime No.278/2016 for the offence under Section 110 Cr.P.C. Accordingly, the petitioner appeared before the third respondent, who in turn, informed him to produce two sureties and further threatened him to come before the Revenue Divisional Officer, Udaiyarpalayam. On enquiry, the petitioner came to know that no FIR was sent to the RDO, Udaiyarpalayam. Hence, he sent a representation dated 05.07.

2016, to all the respondents, to delete his name from the History sheet rowdy list maintained by them. In the mean while, on 02.11.2016, the fourth respondent compelled the petitioner to execute a bond before the RDO, Udaiyarpalayam, failing which, he would register a case under the Goondas Act against the petitioner. When the petitioner refused to execute the same, the respondent officials came to his house and threatened him and his wife with dire consequences. Therefore, the petitioner is before this Court with the present writ petition for the above stated relief. 3.The learned Additional Public Prosecutor, who took notice for the respondents, submitted that the said representation of the petitioner would be considered and necessary orders would be passed within a time frame fixed by this Court. 4.

Considering the facts and circumstances of the case, this Court is inclined to pass the following order: "If there are no cases pending against the petitioner, the respondents are directed to consider the representation of the petitioner dated 05.07.2016 with regard to delete his name from the history sheet rowdy maintained by the police, and pass appropriate order. Such order be passed, if not already passed, within a period of four weeks from the date of receipt of a copy of this order."

5.Accordingly, the writ petition is disposed of. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar

To 1.The Deputy Inspector General of Police, Central Region, Trichirapalli.

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

3.The Deputy Superintendent of Police, Ariyalur District, Ariyalur.

4.The Inspector of Police, Udaiyarpalayam Police Station, Ariyalur District.

5.The Public Prosecutor, High Court, Madras-104. +1 cc to M/s.K.Gandhikumar,advocate,sr.73568. ss(co) krd 30/1 WP.No.40453 of 2016