Madras High CourtWP(MD)/377/2016allowed

N. Periyasamy v. The Superintendent Of Police

2020-02-03Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.377 OF 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.377 of 2016 and W.M.P.(MD)No.304 of 2016 N.Periyasamy ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Kumbakonam, Thanjavur District.

3. The Inspector of Police, Kumbakonam West police station, Kumbakonam, Thanjavur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to remove the name of the petitioner from the Rowdy History Sheets on the file of the Kumbakonam West police station, Kumbakonam, Thanjavur District, within stipulated time may be fixed by this Court.

For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.A.Robinson, Government Advocate(Crl. Side).

O R D E R

Heard the learned counsel on either side.

2. The petitioner's name is in the Rowdy list. He wants the same to be removed. The writ petition was filed way back in January 2016.

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2 W.P.(MD)NO.377 OF 2016

3. The learned Government Advocate(Crl. Side) submitted that the file refers to the proposal of the third respondent for retaining the petitioner's name in the Rowdy list till 31.12.2020.

4. It is seen that the third respondent seeks retention of the petitioner's name in the Rowdy list in view of his involvement in a murder case. But then, the murder case ended in acquittal way back in the year 2011. It is also not in dispute that during the last five years, the petitioner has not come under any adverse notice.

5. It is also seen that the endorsements made in the file are rather stereotyped in nature. Taking note of these aspects, the third respondent is directed to remove the petitioner's name from the Rowdy list immediately and without any delay.

6. The writ petition stands allowed, accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

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

2. The Deputy Superintendent of Police, Kumbakonam, Thanjavur District.

3. The Inspector of Police, Kumbakonam West police station, Kumbakonam, Thanjavur District.

+1 CC to M/s.M.SARAVANAKUMAR, Advocate ( SR-4573[F] W.P.(MD)No.377 of 2016 03.02.2020 pmu SDS (19.02.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/4