, this Court disposed of the writ petition seeking removal of the petitioner's name from the rowdy list. Directed the petitioner to make a fresh representation to the third respondent police for removal of his name, considering the History Sheet was opened in 2013 and new cases filed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD).No.13266 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.09.2022
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.13266 of 2013
Ayyapattu @ Srinivasan ...Petitioners
Vs.
3.The Inspector of Police, Srivilliputhur Taluk Police Station, Srivilliputhur, Virudhunagar District. ... Respondents
Prayer : Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 3rd respondent police to consider the petitioner's representation dated August 2012 delivered to the 2nd respondent in order to remove the petitioner's name from the rowdy list prepared in the year 2010.
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W.P.(MD).No.13266 of 2013
For Petitioner : Mr.S.Manoharan
For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
This Writ Petition was filed for the issuance of Writ of Mandamus
directing the third respondent to consider the representation made by the petitioner wherein the petitioner sought for the removal of his name from the History Sheet.
2.The third respondent has filed a counter affidavit. Paragraph 3 in the counter affidavit is extracted hereunder:-
“ 3.Further I submit that on 23.11.17 this matter came up before Hon'ble High Court Madurai, Lordship issue direction, direct me, to file affidavit regarding recent stage of Criminal Cases against writ petitioner and whether his name is include in rowdy list (or) not?
I submit following particulars after cerified all documents which are keeping my police station.
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W.P.(MD).No.13266 of 2013
Srivilliputhur Taluk Police Station
| Sl. No |
Rowdy HS.No. |
Name & Address | Previous case particulars |
State of the case |
Remarks. |
|---|---|---|---|---|---|
| 1. | 386 | Ayyaoattu @ Seenivasan S/o.Perumalsamy Nachiyarpatty, Srivilliputhur Tk. |
1.Cr.No.92/03 U/s.341, 323, 427, 506(ii) IPC. 2.Cr.No.242/08 U/S.294(b), 506(ii) IPC. 3.OPC No.15/09 U/S.323 IPC. |
Convicted ACQ Convicted |
,th; bjhlh;e;J Fw;w bray;fspy; <Lgl;L tUfpwhh; jpUtpy;ypg[j; Jhh; jhYfh fhty; epiya F/vz;-/43 6- 16 tHf;Fk; jw;rkak; ePjpkd;wj;jpy; epYitapy; ,Ue;J tUfpwJ. |
| 4.Cr.No.74/10 U/S.447, 506(ii) IPC r/w 4 of WH Act. |
ACQ | ||||
| 5.Cr.No.01/11 U/s.294(b) 304 IPC. |
MF | ||||
| 6.Cr.No.51/11 U/S.341,323, 324, 506(ii) IPC. |
Pending Trial | ||||
| 7.Cr.No.04/13 U/S.341, 294(b), 506(ii) IPC r/w 3(1) (x) of SC/ST Act. |
Pending Trial | ||||
| 8.Cr.No.19/16 U/S/110 CrPC. |
Convicted | ||||
| 9.Srivillputhur Town PS Cr.No.436/16, U/s.294(b), 332, 307 IPC. |
Pending Trial. |
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W.P.(MD).No.13266 of 2013
The said Criminal cases are pending against writ petitioner. On that ground his name has included in rowdy list from 05.04.2012 as per Deputy Superintendent of police, Srivilliputhur Proceedings Na.Ka.No.89/Ka.thu/Ka/Thiruvi/10 dated 05.04.2010. This year also one Criminal case registered against him Cr.No.436/16 U/S.294(b), 332, 307 IPC. The Charge sheet has laid. Trial is pending. On that grounds his name is not removed from the rowdy list. If his name removed from the rowdy list law and order problem will arise in and around of his village.
3.The learned Additional Public Prosecutor on instructions submitted that considering the criminal antecedent of the petitioner, History Sheet is maintained against the petitioner in H.S.No.386 of 2013.
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W.P.(MD).No.13266 of 2013
5.In the result, this writ petition is disposed of with a direction to the petitioner to make a fresh representation to the third respondent seeking for removal of his name from the History Sheet ( H.S.No.386 of 2013). On receipt of the same, the third respondent shall consider it in accordance with the guidelines issued by this Court, in Sabari @ Sabarigiri Vs The Assistant Commissioner of Police, Madurai City
and others reported in 2018 4 MLJ Crl 585 and take a decision as expeditiously as possible.
6.With the above direction, this Writ Petition is disposed of. No
costs.
13.09.2022
Index :Yes/No Internet : Yes/No dss
To
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W.P.(MD).No.13266 of 2013
N.ANAND VENKATESH.J.,
dss
Order made in W.P.(MD).No.13266 of 2013
Dated : 13.09.2022
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1 issue framed by the court
Whether the third respondent police should consider the petitioner's representationdated August 2012 for removal of his name from the rowdy list.
Colour shows how this judgement treated each authority
Sabari @ Sabarigiri Vs The Assistant Commissioner of Police, Madurai City and othersReferred¶34
Sabari @ Sabarigiri Vs The Assistant Commissioner of Police, Madurai City reported in 2018 4 MLJ Crl 585
Ayyapattu @ Srinivasan
Deputy Superintendent of Police, Vigilance and Anti Corruption Department, Virudhunagar
District Superintendent of Police, Virudhunagar District
Inspector of Police, Srivilliputhur Taluk Police Station, Srivilliputhur
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
