Vetrivel v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2023 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.No.26915 of 2023 1.Vetrivel S/o.Sadhasivam 2.V.Ambika W/o.Vetrivel ... Petitioners

Versus

1.The Commissioner of Police, Avadi Range, Tiruvallur - 600 054.

2.The Home Secretary, State of Tamil Nadu, Fort St.George, Chennai - 600 009.

3.The Deputy Commissioner of Police, 55, Poonamallee - Avadi High Road, Vivekananda Nagar, Karayanchavadi, 4.The Assistant Commissioner of Police, HVF Tank Road, Vasantham Nagar, 1/4

5.The Inspector of Police, T-7, Tank Factory Police Station, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the fifth respondent from harassing and interfering with the privacy of the petitioners and their family members.

For Petitioners : Mr.I.Abdul Basith For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Writ Petition has been filed for a direction to the fifth respondent not to interfere or harass the petitioners and their family members.

2. Heard Mr.I.Abdul Basith, learned counsel for petitioners and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents.

3. Learned Additional Public Prosecutor submitted that the first 2/4

petitioner is a history sheeter and it is pending in History Sheet No.1 of 2016 before the fifth respondent. The first petitioner has filed W.P.No.27505 of 2023 for removal of his name from the history sheet maintained by the fifth respondent and orders were passed in this writ petition today. The said order will have a bearing in this case also. If ultimately, the representation made by the first petitioner is considered by the fifth respondent and the name of the first petitioner is removed from the history sheet, automatically, the first petitioner will not be called for any enquiry by the respondent police. Hence, the petitioners shall await the decision to be taken by the fifth respondent in the writ petition made by the first respondent seeking for removal of his name from the history sheet.

In any case, it is only the first petitioner for whom the history sheet is maintained by the fifth respondent. Therefore, if, in case of any enquiry, the fifth respondent shall call the first petitioner for enquiry and the other family members should not be harassed. This observation will sufficiently take care of the grievance expressed by the petitioners.

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N.ANAND VENKATESH, J gm Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is ordered. 20.09.2023 Index: Yes/No Speaking Order / Non-Speaking Order rjr/gm To 1.The Commissioner of Police, Avadi Range, Tiruvallur - 600 054.

2.The Home Secretary, State of Tamil Nadu, Fort St.George, Chennai - 600 009.

3.The Deputy Commissioner of Police, 55, Poonamallee - Avadi High Road, Vivekananda Nagar, Karayanchavadi, 4.The Assistant Commissioner of Police, HVF Tank Road, Vasantham Nagar, 5.The Inspector of Police, T-7, Tank Factory Police Station,

6. The Public Prosecutor, High Court, Madras.

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