The High Court of Madras issued directions for the respondent Inspector to consider the petitioner's representation dated 26.10.2020 under established guidelines to decide on his removal from the police History Sheet.
Direction to 3rd respondent to consider representation under Court guidelines within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.No.2423 of 2021
Periyar Selvam ...Petitioner
Versus
For Petitioner : Mr.V.Elangovan
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
This writ petition has been filed for the issue of writ of mandamus directing the respondent police to remove the name of the petitioner from History Sheet maintained by the 3rd respondent in H.S.No.407 of 2020.
2.The case of the petitioner is that he is the District Secretary of Thanthai Periyar Dravidar Kazhagam which is non-political organization. According to the petitioner, he had participated in various agitations conducted by the organization. According to the petitioner, the 3rd respondent had registered FIRs against the petitioner during the years 2017 to
2020 as and when the petitioner participated in any agitation. The further case of the petitioner is that the 3rd respondent had mechanically opened the History Sheet against the petitioner in H.S.No.407 of 2020.
3.The petitioner made a representation on 26.10.2020, requesting the respondents to remove the name from the History Sheet. Since, the same was not considered, the present petition has been filed before this Court.
4.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.
5.Taking into consideration the facts and
circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 3rd respondent to consider the representation made by the petitioner on 26.10.2020 strictly in accordance with the guidelines issued by this Court in the case of Sabari vs. The Assistant Commissioner of Police, Madurai City and Others reported in 2018 4 MLJ Crl 585 and in the case of Thirumagan and Others Vs. The Superintendent of Police, Madurai District and Others reported in 2020 2 LW Crl 266 and take a decision, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 3rd respondent along with a copy of this order.
6.This writ petition is disposed of with the above directions. No Costs. Sd/Assistant Registrar (CS-VI) //True Copy//
Sub Assistant Registrar
ssr
To
W.P.No.2423 of 2021
SKY(CO) GN(15/04/2021)
1 issue framed by the court
Whether the respondents are directed to consider the petitioner's representation regarding the removal of his name from the History Sheet in accordance with Court guidelines.
Colour shows how this judgement treated each authority
Sabari vs. The Assistant Commr. of Police, Madurai City and OthersFollowed¶19
Sabari vs. The Assistant Commissioner of Police, Madurai City and Others reported in 2018 4 MLJ Crl 585
Thirumagan and Others vs. The Superintendent of Police, Madurai District and OthersFollowed¶19
Thirumagan and Others Vs. The Superintendent of Police, Madurai District and Others reported in 2020 2 LW Crl 266
1 provisions across 1 enactments
Periyar Selvam
Superintendent of Police, Nagapattinam District
Deputy Superintendent of Police, Sirkazhi
Inspector of Police, Sirkazhi Police Station
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
