THANGARAJ PANDIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The prayer sought for in the present writ petition is to direct the respondents to remove the petitioner's name from the rowdy list in H.S.No.635/2005.

(2.) The learned counsel for the petitioner would submit that the petitioner is a Diploma holder in Co-operation. He served as the Secretary of the Primary Agriculture Co-operative Society at Mariyur between 1988 and 1996. He was fielded as a co-ordinate to contest in the Election for the Tamil Nadu General Assembly in 2006. A false criminal case came to be foisted against him in the year 2000, alleging commission of offence under Section 435 of IPC., that he set a fence on fire. The said case was charge sheeted in C.C.No.114 of 2000 and was closed on the basis of the decision of Lok Adalath dated 15.04.2006. In fact, on the basis of the said criminal case, the police opened a history sheet against him in Histroy Sheet No.365 / 2005 on 30.09.2005. He came to know of the said histroy sheet only in the year 2009, when he was informed of the same in reply to a Right to Information Act application. In the said reply, it has been stated that two criminal cases were pending against him in Crime Nos.88 of 2008 and 124 of 2008 on the file of the 4th respondent police station. However, he was also honourably acquitted by the Assistant Session Court, Paramakudi by its order dated 06.01.2010 finding no evidence against him. Hence, the petitioner gave a representation to the 2 nd respondent in person to remove his name from the rowdy list. So far no action has been taken, hence the petitioner before this Court.

(3.) The learned Government Advocate (Crl.side) appearing for the respondents submitted that the petitioner is an habitual offender indulging in rowdy activities, extortion, katta panchayats, etc. Hence, History Sheeted Rowdy Book was opened at the third respondent police station as against the petitioner and it is being exhanded regularly as per the Police Standing Order. Therefore, he prays to dismiss the writ petition.