Madras High CourtWP(MD)/23132/2016disposed of

George, S/O.Jebamani, v. The Superintendent Of Police,

2016-11-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.23132 of 2016 George ... Petitioner -vs1.The Superintendent of Police, Kannyakumari District at Nagercoil.

2.The Deputy Superintendent of Police, Thuckalay Division, Kannyakumari District.

3.The Inspector of Police, Kaliakkavilai Police Station, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, to direct the respondents to remove the petitioner's name in the rowdy list maintained by the 3rd respondent, by considering his representation, dated 18.04.2016 and 31.10.2016 For Petitioner :

Mr.S.Kameswaran For Respondents :

Mr.K.P.Krishna Das Government Advocate

O R D E R

The writ petition is filed for issuance of a Writ of Mandamus, directing the respondents to remove the petitioner's name in the rowdy list maintained by the 3rd respondent, on the basis of the representations, dated 18.04.2016 and 31.10.2016. 2.Learned counsel appearing for the petitioner would submit that the petitioner is a Chairman of Melppuram Panchayat Union and he along with the general public conducted agitation for removal of the TASMAC shop in Samuthayapattu at Vanniyur Village. Since, it was not removed, the petitioner filed W.P.(MD)No.7319 of 2015 for removal of the shop and based on the order passed in the writ petition, TASMAC shop was removed.

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3.It is further submitted that the petitioner's mother was harassed by the respondents police, so she filed Crl.O.P(MD) No.14517 of 2014 and in the above proceedings, this court directed appearance of the 3rd respondent police and thereafter, he started filing false cases against the petitioner; that out of the four cases, the petitioner was acquitted in two cases and in respect of other two cases, this court has entertained the quash petitions filed in Crl.O.P(MD)Nos.1245 and 1246 of 2015 and granted interim stay. In view of the facts, subsequently, the petitioner's name was included in the rowdy list. So, the petitioner sent representation to the respondents 1 and 2 on 18.04.2016 and 31.10.2016 to remove his name from the rowdy list. Since it was not considered, the present writ petition has been filed. 4.

The learned Government Advocate (Criminal side), on instructions, would submit that the criminal cases are still pending against the petitioner and the 2nd respondent is ready to consider the representation of the petitioner. 5.In view of the above submission, this writ petition is disposed of with a direction to the 2nd respondent to consider the representation of the petitioner, dated 18.04.2016 and 31.10.2016, and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Kannyakumari District at Nagercoil.

2.The Deputy Superintendent, Thuckalay Division, Kannyakumari District.

3.The Inspector of Police, Kaliakkavilai Police Station, Kanyakumari District.

+1cc to Mr.S.Kameswaran, Advocate in SR.No.74325 +1cc to the Special Government Pleader in SR.No.74238 W.P.(MD) No.23132 of 2016 30.11.2016 er SMA/SKS-RR/03.01.2017::2P-6C https://hcservices.ecourts.gov.in/hcservices/