Madras High CourtWP(MD)/6529/2016dismissed

S.Alagu Arumugam, v. The Deputy Superintendent

2016-04-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.6529 of 2016 S.Alagu Arumugam ... Petitioner -vs1.The Deputy Superintendent of Police, Thiruppathur Division, Sivagangai District 2.The Inspector of Police, Keelasevalpatti Police Station, Sivagangai District 3.Murugesan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 1st respondent not to insist the petitioner to give finger prints and photos to open history sheet against the petitioner based upon the false complaints given by the 3rd respondent on previous election motive with the petitioner.

For Petitioner : Mr.R.John Sathyan For Respondent : Mr.D.Muruganandam, Addl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking a direction to the 1st respondent not to insist the petitioner to give finger prints and photos to open history sheet against the petitioner based upon the false complaints given by the 3rd respondent to previous election motive with the petitioner.

2. Heard the learned counsel on either side.

3. It is seen that this petitioner is involved in Crime Nos.9 and https://hcservices.ecourts.gov.in/hcservices/ 11 of 2016 on the complaint given by one Murugesan. It is apprehended by the petitioner that the respondents police are taking steps to

include his name in the history sheet list and therefore, he has come up with this writ petition for a mandamus to forbear the respondents from including him in the history sheet.

4. In the considered opinion of this Court, a mandamus against a statute cannot be issued. As and when the petitioner's name is included in the history sheet, it is open to the petitioner to challenge the same. Hence, this writ petition is premature and accordingly, the same is dismissed. No costs.

Sd/ Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To 1.The Deputy Superintendent of Police, Thiruppathur Division, Sivagangai District 2.The Inspector of Police, Keelasevalpatti Police Station, Sivagangai District.

+1cc to M/S.R.John Sathyan,Advocate in SR.No.19199 +1cc to Special Government Pleader in SR.No.18945 W.P.(MD)No.6529 of 2016 05.04.2016 RR PA/JGB-DP/AR I/06.04.2016/2P/5C(IT) https://hcservices.ecourts.gov.in/hcservices/