Mayandi, v. The Govt. Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2015 CORAM :

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.8975 of 2015 W.P(MD)No.8976 of 2015 and W.P(MD)No.8975 of 2015 Mayandi ... Petitioner W.P(MD)No.8976 of 2015 Sornam ... Petitioner

P.Ganesan ... Petitioner Velmurugan ... Petitioner Muthukumar ... Petitioner

2. The Director General of Police, Beach Road,Chennai-4. Prayer in W.P(MD)No.8975 of 2015 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.3 and 4 to remove the Petitioner's name from the history sheet in Nos.144 of 2012 forthwith maintained at Respondent No.4.

Prayer in W.P(MD)No.8976 of 2015 :Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.3 and 4 to remove the Petitioner's name from the history sheet in Nos.146 of 2012 forthwith maintained at Respondent No.4.

Prayer in W.P(MD)No.8977 of 2015 :Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.3 and 4 to remove the Petitioner's name from the history sheet in No.143 of 2012 forthwith maintained at Respondent No.4.

Prayer in W.P(MD)No.8978 of 2015 :Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.3 and 4 to remove the Petitioner's name from the history sheet in No.140 of 2012 forthwith maintained at Respondent No.4.

Prayer in W.P(MD)No.8980 of 2015 :Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.3 and 4 to remove the Petitioner's name from the history sheet in No.141 of 2012 forthwith maintained at Respondent No.4.

For Petitioner : M/s.M.Maran, in all W.P.s For Respondents : Mr.M.Murugan in all W.P.s Government Advocate

COMMON ORDER These Writ Petitions have been filed seeking for the issuance of Writ of Mandamus, directing the respondents No.3 and 4 to remove the Petitioner's name from the history sheet in Nos.140 of 2012, 141 of 2012, 143 of 2012, 144 of 2012 and 146 of 2012 respectively forthwith maintained at Respondent No.4.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents.

3. As the issues involved in all the Writ Petitions one and the same and they have taken up for disposal by common order. It appears that the history sheets have been opened against the petitioners in the year 2012. It was opened based upon the case registered in Crime No.256 of 2012. The said cases have been taken on file in S.C.No.434 of 2013 on the file of the learned Principal Assistant Sessions Judge, Tirunelveli and ended an acquittal on 06.08.2014. Admittedly, even as per the instructions given to the learned Government Advocate, there is no other case pending against the petitioners. The petitioners are also not involved in any other case. Merely because the petitioners are under surveillance the same cannot be ground to continue the history sheet opened. There was no review done, after the history sheets opened in the year 2012.

4. Accordingly, these Writ Petitions are allowed and the directions to the respondents Nos.3 and 4 to remove the names of the petitioners in the history sheets in Nos.140 of 2012, 141 of 2012, 143 of 2012, 144 of 2012 and 146 of 2012 respectively, within a period of four weeks from the date of receipt of copy of this order. sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To

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

+ 1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.39468/15 PMU TE:6/08/2015: 5p/6c W.P(MD)No.8975 of 2015 W.P(MD)No.8976 of 2015 and 15.07.2015