BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATED: 23/07/2007 CORAM: THE HONOURABLE MR.JUSTICE P.D.DINAKARAN W.P.Nos.2247 of 2004 W.P.Nos.2595 to 2597 of 2004 K.Rathinam .. Petitioner in WP.2247/2004 S.Chellapandi .. Petitioner in WP.2595/2004 R.Raja .. Petitioner in WP.2596/2004 R.Prabhu .. Petitioner in WP.2597/2004 Vs 1. The Commissioner of Police Madurai City Police Madurai - 625 001. 2. The Deputy Commissioner of Police (Law & Order), Madurai City Police Madurai - 625 001. 3. The Inspector of Police (L&O) Meenakshiamman Temple Police Station (L&O) Madurai - 625 001. .. Respondents in all WPs. PRAYER Petition under Article 226 of the Constitution of India for issue of a writ of Declaration as stated herein. !For Petitioner .... Mr.K.Murugesan ^For Respondents .... Mr.R.Janakiramulu Special Government Pleader :ORDER
The petitioners seek a writ of declaration, declaring that the insertion
of the names of the petitioners in the “Station Check Register of K.D.’s and
Rowdies” of the third respondent is illegal, unjust and against natural justice
and to consequently direct the respondents to remove the name of the petitioners
from the “Station Check Register of K.D.’s and Rowdies” of the third respondent.
2. According to the petitioners, the respondents are not justified in
including the names of the petitioners in the “Station Check Register of K.D.’s
and Rowdies” as the Police Standing Order No.749(2) of the Tamil Nadu Police
Standing Orders is not, in any way, attracted to the case of the petitioners.
3. Police Standing Order No.749(2) of the Tamil Nadu Police Standing
Orders reads as under:
“PSO.740. Suspects.
(1) ****
(2) The following persons may be classified as rowdies and Rowdy Sheets (Form
No.112) may be opened for them under the orders of the Superintendent or Sub-
Divisional Officer.
(a) Persons who habitually commit, attempt to commit or abet the commission of
offences involving a breach of peace.
(b) Persons bound over under Section 106 and 107 Criminal Procedure Code.
(c) Persons who have been convicted under Section 75 of the Madras City Policy
Act or twice in two consecutive years under Section 3 Cluase 12 of the Town
Nuisance Act.
(d) Persons who are illicit distillers and known purveyors of liquor.
Persons either convicted under Section 49-A of the Madras City Police Act, 1888
(Madras Act III of 1888) or under Section (4) of the Madras Gaming Act, 1930,
(Madras Act III of 1930) or reasonably suspected to be habitually committing or
abetting the commission of.”
4. The main grievance of the petitioners, as put forth by the learned
counsel for the petitioners is that in spite of the representations sent by the
petitioners to the first and second respondents to remove their names from the
“Station Check Register of K.D.’s and Rowdies”, the respondents have not
considered the same till date and the human dignity and personal liberty
granted under Articles 14 and 21 of the Constitution of India are infringed.
5. In my considered opinion, without going into the merits of the case, it
may not be proper for this Court to decide whether the names of the petitioners
could be included in “Station Check Register of K.D.’s and Rowdies” or not and
whether the Police Standing Order No.749(2) of the Tamil Nadu Police Standing
Orders is attracted or not. The above view is also supported with a decision of
the Apex Court in CHAMAN LAL Vs. STATE OF U.P. AND OTHERS reported in 1992 SUPP
(2) SCC 84, wherein the Apex Court confirming the orders of the High Court
refusing to quash the History sheet observed that the aggrieved party may
approach the superior authority seeking their intervention in such matters, who
may consider such representation according to law and pass appropriate orders.
6. Under such circumstances, except to direct the respondents to consider
of the representations of the petitioners and pass appropriate orders on merits
within four weeks from the date of receipt of copy of this order, no further
orders are required in these writ petitions. These writ petitions are disposed
of accordingly. No costs. Consequently, W.P.M.P.No.2301 of 2004 is closed.
To:
1. The Commissioner of Police
Madurai City Police
Madurai – 625 001.
2. The Deputy Commissioner of Police
(Law & Order), Madurai City Police
Madurai – 625 001.
3. The Inspector of Police (L&O)
Meenakshiamman Temple
Police Station (L&O)
Madurai – 625 001.