C.Vijayakumar, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2016

CORAM

THE HONOURABLE MS.JUSTICE R.MALA W.P.No.7910 of 2016 C.Vijayakumar .. Petitioner vs 1.The Commissioner of Police, Chennai Corporation, Vepery, Chennai - 600 042.

2.The Assistant Commissioner, Chennai Corporation, Pallavaram Division, Pallavaram, Chennai - 600 049.

3.The Inspector of Police (Law and Order), S-5 Pallavaram Police Station, Chennai.

.. Respondents Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to delete the name of the petitioner from the History Sheeted List maintained in the 3rd respondent police station.

For Petitioner : Mr.C.K.M.Appaji For Respondents: Mr.P.Sanjay Gandhi Additional Government Pleader

ORDER

The petitioner has come forward with this petition for issuance of writ of Mandamus, directing the respondent police to delete the name of the petitioner from the History Sheeted Rowdy List.

2.The learned counsel appearing for the petitioner would submit that the petitioner has given a representation on

28.01.2016 to delete his name from the History Sheeted Rowdy List. But the respondent police has neither deleted his name nor disposed of his representation. Hence, the above petition has been filed.

3.At this juncture, the learned Additional Public Prosecutor would submit that the second respondent may be directed to consider the representation given by the petitioner. 4.Considered the rival submissions made on both sides and perused the typed set of papers.

5.The respondent police were maintaining a History Sheeted Rowdy Register in which, the petitioner's name is also in the list. The petitioner has given a representation to the respondents on 28.01.2016 to delete his name from the History Sheeted Rowdy Register, but the same is yet to be considered. Further, as per the Tamil Nadu Police Standing Orders 748 (1), History Sheets shall be closed by the definite orders of an officer of and above the rank of Assistant Superintendent of Police/Deputy Superintendent of Police and shall be filed in the Station. The History Sheets of persons who have died shall be destroyed under orders of an officer of and above the rank of Assistant Superintendent of Police/Deputy Superintendent of Police. The Superintendent of Police may order the closure of a History Sheet at any time but a Divisional Officer may only do so on the expiry of the period named above.

6.In such circumstances, I am of the view that it is a fit case for giving direction to the second respondent to consider the representation of the petitioner. Accordingly, the second respondent is directed to consider the representation given by the petitioner on 28.01.2016 and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

7.In the result, the Writ Petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar cse

To 1.The Commissioner of Police, Chennai Corporation, Vepery, Chennai - 600 042.

2.The Assistant Commissioner, Chennai Corporation, Pallavaram Division, Pallavaram, Chennai - 600 049.

3.The Inspector of Police (Law and Order), S-5 Pallavaram Police Station, Chennai.

1 cc to Mr.C.K.M. Appaji, Advocate, Sr. 20833 W.P.No.7910 of 2016 SV (CO) kk 18/4