Madras High CourtWP(MD)/4232/2015disposed of

K.Krishnammal v. The Government Of Tamilnadu

2015-06-01Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD) No.4232 of 2015 and M.P(MD)No.1 of 2015 K.Krishnammal ..Petitioner Vs.

1. The Government of Tamil Nadu, Represented by the Home Secretary, Fort St.George, Chennai-9.

2. The Director General of Police, Beach Road, Chennai-4.

3. The Commissioner of Police, Commissioner of Police Office, Tirunelveli.

4. The Inspector of Police, Junction Police Station, Tirunelveli.

..Respondents Prayer:

Writ Petition is filed under section 226 of Constitution of India praying this Court for issuance of Writ of Mandamus, to direct the respondents No.3 and 4 to conduct a fair enquiry and remove the petitioner's son Manikandan name from the history sheet in No.323 of 2015 maintained by the respondent No. 4 forthwith.

For Petitioner : Mr.M.Maran For Respondents : Mr.R.Kathikeyan Addtional Government Pleader

ORDER

The Writ Petition has been filed seeking for issuance of Writ, for a direction to direct the respondents No.3 and 4 to conduct a fair enquiry and remove the petitioner's son Manikandan name from the history sheet in No.323 of 2015 maintained by the respondent No.4 forthwith.

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2. Heard the learned counsel for the petitioner and also the learned Additional Government Pleader for respondents.

3. The Writ Petition has been filed by the petitioner who is the mother of one Manikandan, against whom history sheet has been opened in history sheet No.323 of 2015.

4. The learned counsel for the petitioner submitted that there was only one case registered against the petitioner's son in Crime No.932 of 2014 dated 17.12.2014 for the major offence under section 506(2)I.P.C.

5. The learned Additional Government Pleader on instructions, would submit that the pending representation of the petitioner dated 11.03.2015 would be considered by the respondents.

6. The history sheet can not be opened in the matter, of course if there is only one case was registered in the year 2014, against the petitioner's son, the same can not be the ground to open the history sheet, and thereafter, in the absence of any other substantial material to support the same.

7. However, taking note of the pendency of the representation made by the petitioner, this Court directs the respondents 3 and 4 to pass appropriate orders on the pending representation of the petitioner within a period of six weeks from the date of receipt of copy of this order.

8. Accordingly, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To

1. The Home Secretary, Government of Tamil Nadu, Fort St.George, Chennai-9.

2. The Director General of Police, Beach Road, Chennai-4.

3. The Commissioner of Police,Commissioner of Police Office, Tirunelveli.

4. The Inspector of Police, Junction Police Station,Tirunelveli. +1cc to M/s.M.Maran Associates in SR.26565 +1cc to the Special Government Pleader in SR.26753 W.P(MD) No.4232 of 2015 and M.P(MD)No.1 of 2015 01.06.2015 pmu pbk/amf 12/06/2015 ::2p-7c:

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