S.Venkatesan v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Venkatesan ... Petitioner Vs.

1.The District Superintendent of Police, Thiruvannamalai District.

2.The Deputy Superintendent of Police, Arani Sib-Division, Arani, Thiruvannamalai District.

3.The State represented by The Inspector of Police, Kalambur Police Station, Arani Taluk, Thiruvannamalai District.

4.The Collector, Collectorate, Thiruvannamalai District.

...Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the 2nd respondent to conduct enquiry by vide the order of the 1st respondent in Order No.NA.KA.34/SPC for Arani / STO / 2021 dated 20.12.2021 as appointed the 2nd respondent as an Enquiry Officer to remove the petitioner's name from the rowdy list based on the petitioner's representation dated 20.12.2021 within the time frame fixed by this Court.

For Petitioner : Mr.S.Arokiamaniraj For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus to direct the 2nd respondent to conduct enquiry vide order of the 1st respondent in Order No.NA.KA.34/SPC for Arani / STO / 2021 dated 20.12.2021, as appointed the 2nd respondent as an Enquiry Officer to remove the petitioner's name from the rowdy list based on the petitioner's representation dated 20.12.2021.

2. The case of the petitioner is that a case has been registered against 2/6

the petitioner in Crime No.342 of 2019 on the file of third respondent for alleged offence under Sections 294(b), 323, 324, 506(2) of IPC. Except this case, no other case is pending against the petitioner. However, the third respondent has included the name of the petitioner in rowdy list maintained by him. The petitioner submitted a representation dated 25.10.2021 to the 4th respondent and also to the Panchayat President, Puluvanpadi and also sent conduct certificate of the petitioner on 15.12.2021 to the 4th respondent to remove his name from the rowdy list. Since no action was taken on the representation of the petitioner, the present writ petition has been filed seeking for the aforesaid relief.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of respondents.

4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondents to act on the representation made by the petitioner and deal with the same in accordance with the guidelines 3/6

issued by this Court in Sabari @ Sabarigiri Vs. Assistant Commissioner of Police, Anna Nagar, (L&O) Range, Madurai city, Madurai and others [2018 4 MLJ Crl. 585] and Thirumurugan and another Vs. The Superintendent of Police, Madurai [2020 2 LW crl 266] and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the respondents along with a copy of this order. 5.This writ petition is disposed of with the above direction. No costs. 05.01.2024 Index : Yes/No Speaking Order/Non-speaking Order ata 4/6

To 1.The District Superintendent of Police, Thiruvannamalai District.

2.The Deputy Superintendent of Police, Arani Sib-Division, Arani, Thiruvannamalai District.

3.The Inspector of Police, Kalambur Police Station, Arani Taluk, Thiruvannamalai District.

4.The Collector, Thiruvannamalai District.

5.The Public Prosecutor, High Court of Madras.

N.ANAND VENKATESH, J ata 5/6

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