Madras High Court
S.Girinivasa Prasad vs State Of Tamil Nadu on 13 December, 2018
Author: S.S.Sundar
Bench: S.S.Sundar, C.Saravanan
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.12.2018
CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.A(MD)No.918 of 2013
S.Girinivasa Prasad ... Appellant
Vs.
1.State of Tamil Nadu,
rep. By its Secretary,
Home Department,
Fort St. George,
Chennai – 600 009.
2.The Director of General of Police,
Tamil Nadu Police Head Quarters,
Dr.Radhakrishnan Salai,
Mylapore, Chennai.
3.The Superintendent of Police,
Kanyakumari District at
Nagercoil.
4.Peeter Paul Thurai,
Inspector of Police,
Suchindrum Police Station,
Kanyakumari District.
5.Retnakumari
Sub Inspector of Police,
Suchindrum Police Station,
Kanyakumari District.
http://www.judis.nic.in
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6.The Sub Inspector of Police,
Suchindrum Police Station,
Kanyakumari District.
7.The Sub Inspector of Police,
Eraniel Police Station,
Kanyakumari District. ... Respondents
Prayer : Appeal is filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD) No.13132 of 2011 dated 01.03.2013 on the
file of this Court and direct the respondents to delete the name of the
appellant from the rowdy list in Serial No.305/11 on the file of the 6th
respondent (now transferred to the file of the 7th respondent and numbered
as Serial No.361/11).
For Appellant : Mr.S.C.Herold Singh
For RR1 -3,6&7 : Mr.F.zmuruganantham, AGP
For R4 : Mr.R.Joseph Thangaraj
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.) This writ appeal is directed against the order of the learned single Judge in W.P.(MD) No.13132 of 2011 dated 01.03.2013 dismissing the writ petition filed by the appellant.
2.The appellant has filed the writ petition for issuing a writ of mandamus, directing the respondents 3 to 7 to delete his name from the rowdy list in Serial No.305/2011 on the file of the 6th respondent (now http://www.judis.nic.in 3 transferred to the file of 7th respondent and numbered as Serial No. 351/11).
3.The brief facts that are set out in the affidavit filed in support of the writ petition are as follows:
The appellant is a practising Advocate in Nagercoil for the past 10 years. He claimed to have rendered service to the helpless victims free of professional fees out of service motive. The appellant also claimed to have started an organisation known as Free Legal Aid Centre for Human Rights Violation at Nagercoil. It is further stated that the object and aim of the said organisation is to secure justice to victims through the Court of law. It is the specific case of the appellant that on account of his service to the poor, downtrodden and marginal section of the Society, he had cofrontation with the police officers and that as a result few criminal complaints were foisted against the appellant. It was only on account of the pendency of several cases for offences under various provisions of I.P.C., the respondent police included his name in the rowdy list. In the affidavit filed in support of the petition, the appellant has given factual reference to several incidents and the status of criminal proceedings. In none of the cases filed against the appellant, the appellant was convicted. However, the fact remains that the appellant's name was included in the rowdy list. http://www.judis.nic.in 4
4.Going by the factual background and the substance in the various criminal complaints, we were able to see that the complaints lodged against the appellant were all personal and they are not relating to any heinous crime against society or for causing public nuisance. The conduct of the appellant as seen from the complaints cannot be taken to presume the 1st appellant in a potential threat to the whole Society. It is strange to note that a person whose name found in the rowdy list maintained by the police department is also a practising Advocate of a reputed Bar.
5.It is in the said circumstances, this Court requested the learned Additional Government Pleader to get instructions regarding possibility of reconsidering the case of the appellant in the light of the facts narrated and the grounds raised in the appeal for reconsidering the matter on merits.
6.The learned Additional Government Pleader on instructions reported that the respondents are inclined to reconsider the case of the appellant and take a decision on the basis of the facts narrated in the writ petition.
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7.It is for this purpose, this writ appeal is closed with the following directions:
The third respondent is directed to consider the case of the appellant in the light of the facts narrated in the affidavit filed in support of the writ petition and the representation of the appellant already given. The appellant is also entitled to give further representation as to the subsequent developments so as to justify the respondents withdrawing the name of the appellant from the rowdy list. For this purpose, the appellant is directed to submit a fresh representation before the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order. On such representation being made, the 3rd respondent shall consider the same and pass appropriate orders on merits and in accordance with law taking into consideration the observations of this Court, within a period of four weeks thereafter. Before parting this case, this Court is inclined to remind the appellant the standards of professional conduct and ethics that is required under the Bar Council Rules framed under Section 49(1)(i) of Advocates Act, 1962 read with proviso thereto. No costs.
(S.S.SUNDAR J.,) & (C.SARAVANAN, J.) 13.12.2018 Arul http://www.judis.nic.in 6 S.S.SUNDAR, J.
AND C.SARAVANAN, J.
Arul To
1.The Director of General of Police, Tamil Nadu Police Head Quarters, Dr.Radhakrishnan Salai, Mylapore, Chennai.
3.The Superintendent of Police, Kanyakumari District at Nagercoil.
4.The Inspector of Police, Suchindrum Police Station, Kanyakumari District.
5.The Sub Inspector of Police, Suchindrum Police Station, Kanyakumari District.
6.The Sub Inspector of Police, Eraniel Police Station, Kanyakumari District.
W.A(MD)No.720 of 2018
and M.P.(MD) No.4196 of 2018 13.12.2018 http://www.judis.nic.in