Sivalingam v. The Superintendent Of Police

W.P(MD)No.8279 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.8279 of 2021 Sivalingam ... Petitioner Vs.

1.The Superintendent of Police, Karur District, Karur.

2.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Thogaimalai Police Station, Karur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 and 3 to remove the petitioner's name from History Sheet - HS No.6 of 2020 on the file of the 3rd respondent Thogaimalai Police Station, Karur District.

For Petitioner : Mr.Murugappan. R For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor.

ORDER

This writ petition has been filed seeking a Writ of Mandamus directing the respondents 2 and 3 to remove the petitioner's name in H.S. No.6 of 2020 on the file of the third respondent. 2.The case of the petitioner is that he is a State leader of a political part namely., All India Makkal Marumalarchi Kazhagam, which is registered before the Election Committee of India. He engaged in public service and political activities and got a good name among the public. However, the third respondent has opened a history sheet in H.S.No.6 of 2020 against the petitioner showing him as a rowdy element. Because of the records, the third respondent is visiting his house during the night hours and also compelling him to appear before him for enquiry. Therefore, he made a representation on 26.03.2021 to remove his name from the history sheet. Since the respondents did not take any action, the present Writ Petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.8279 of 2021 3.When the matter was taken up for hearing, the learned counsel for the petitioner would submit that he restricts his prayer only with regarding to directing the official respondents to consider his representation dated 26.03.2021.

4.The learned Additional Public Prosecutor seeks time to consider the petitioner's representation.

5.Since a limited relief is requested by the learned counsel for the petitioner, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 26.03.2021 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6.With this direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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.

To:

1.The Superintendent of Police, Karur District, Karur.

2.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Thogaimalai Police Station, Karur District.

W.P(MD)No.8279 of 2021 01.07.2021 KUN(CO) KB(09.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2