Thirumaniraj.C v. The Govt. Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.03.2021 CORAM :
THE HONOURABLE Mrs.JUSTICE R.HEMALATHA C.Thirumaniraj
...Petitioner
Vs.
1.The Government of Tamil Nadu, rep., by its The Home Secretary, St.George Fort, Chennai.
2.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.
3.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.
4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sathankulam, Thoothukudi District.
5.The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 3 and 4 to remove the petitioner's name from the History Sheet No.66 of 2014, which is being maintained by the fifth respondent. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.A.Robinson Government Advocate (Criminal Side)
ORDER
By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself. 1/3
2.Mr.D.S.Haroon Rasheed, learned counsel appearing for the petitioner contended that though in the representation submitted by the petitioner on 24.02.2021, the petitioner has sought for taking action against the police officials, the petitioner is restricting his prayer to remove his name from the history sheet in H.S.No.66 of 2014 on the file of the fourth respondent/The Deputy Superintendent of Police, Sathankulam, Thoothukudi District. 3.Mr.A.Robinson, learned Government Advocate (Criminal Side), who accepts notice on behalf of the respondents, on instructions, would contend that the petitioner's representation is pending for consideration.
4.In the circumstances, the Deputy Superintendant of Police Sathankulam, Thoothukudi District, is directed to dispose of the representation submitted by the petitioner based on findings and on merits, only with regard to removal of his name in H.S.No.66 of 2014, within a period of four weeks from the date of receipt of a copy of this order/uploading of the order, keeping in mind the guidelines issued in the decisions in Sabari @ Sabarigiri Vs. Assistant Commissioner of Police, Annanagar ( L&O) Range, Madurai City, Madurai and Others reported in 2018 4 MLJ (Crl) 585 and Thirumagan Vs. The Superintendant of Police, Madurai District reported in 2020 (2) LW (Crl) - 266.
5.With the above observation, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
Rmk To 2/3
1.The Home Secretary, Government of Tamil Nadu, St.George Fort, Chennai.
2.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.
3.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.
4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sathankulam, Thoothukudi District.
5.The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.
6.The Additional Public Prosecutor, Madurai bench of madras high court, Madurai.
31.03.2021 GS (26.04.2021) 3P 7C 3/3