Niraikulathan. K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP K.Niraikulathan

...Petitioner

Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Superintendent of Police, Tenkasi District, Tenkasi.

3.The Deputy Superintendent of Police, Alangulam, Alangulam Taluk, 4.The Inspector of Police, Uthumalai Police Station, Uthumalai,

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records, pertaining to the impugned order of the third Respondent in Na.Ka.No.59/Muhaam/Kaa.Thu.Ka/Alangulam/2022, 1/4

dated 05.04.2022 and quash the same as illegal and to direct the respondents 2 to 4, to remove the Petitioner's name from the Criminals History Sheet No.698/2008 on the file of the fourth Respondent Police. For Petitioner : Mr.P.Santhana Krishnan For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Writ Petition had been filed seeking issuance of a Writ of Certiorarified Mandamus, to call for records, pertaining to the impugned order of the third Respondent in Na.Ka.No.59/Muhaam/Kaa.Thu.Ka/Alangulam/2022, dated 05.04.2022 and quash the same as illegal and to direct the respondents 2 to 4, to remove the Petitioner's name from the Criminals History Sheet No. 698/2008 on the file of the fourth Respondent Police. 2.The learned Counsel for the Petitioner submitted that the Petitioner was already detained under Goondas Act and the same was also quashed. Therefore, he seeks removal of his name from the History Sheet No.698/2008 on the file of the fourth Respondent Police. 2/4

3.The learned Additional Public Prosecutor submitted that the Petitioner had already obtained order on 23.02.2022 in Crl.O.P(MD)No.3681 of 2022 to remove his name from the History Sheet. Subsequent to the order passed by this Court, the Petitioner had indulged in criminal activities, thereby, the case was registered in Crime No.52 of 2022 for the offences attracting Indian Penal Code as well as SC/ST (Prevention of Atrocities) Act. Therefore, this Petition is misconceived and liable to be dismissed.

4.In view of the above submission made by the learned Additional Public Prosecutor, this Writ Petition stands dismissed. No costs. 15.11.2022 Index :Yes/No vsd To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Superintendent of Police, Tenkasi District, Tenkasi.

3.The Deputy Superintendent of Police, Alangulam, Alangulam Taluk, 3/4

SATHI KUMAR SUKUMARA KURUP, J.

vsd 4.The Inspector of Police, Uthumalai Police Station, Uthumalai, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

15.11.2022 4/4