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K Varadha Rajan vs The Government Of Tamilnadu Rep By Its Secretary Department Of Home Fort St George Chennai And Others

Madras High Court|02 February, 2017
|

JUDGMENT / ORDER

The petitioner has filed the present writ petition, forbearing the respondents from passing orders against his son, namely V. Sathish @ Sathish Kumar, Male, aged 23 years, Jothi Nagar, Paadiya Nallur, Thiruvallur District from detaining him under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Act 14/1982) and further to direct the 5th respondent remove the name of his son from the history sheet maintained by the 5th respondent under Police Standing Orders.
2. According to the petitioner, on the basis of foisted cases registered against the petitioner's son in Cr. No.68 of 2013 with Sholavaram Police Station, Thiruvallur District and in Cr. No.182 of 2013, 211 of 2013 and 615 of 2013 pending before the 5th respondent police, the 5th respondent intends to sponsor the name of the petitioner's son for detention under Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (Act 14/1982).
3. Today, when the matter was taken up for final hearing, learned counsel for both the parties submitted, as far as the above said criminal cases, the petitioner's son has not been detained and hence the prayer sought for in this writ petition has become infructuous. With regard to the other prayer, to direct the 5th respondent to remove the name of his son from the history sheet maintained by the 5th respondent, in paragraph 5 of the counter affidavit filed by the 5th respondent, it is stated that the petitioner has approached this Court at a pre-mature stage and so the same cannot be considered. However, as on the date of filing of the counter affidavit, it is stated that the petitioner's son V. Sathish @ Sathish Kumar has not been included in the history sheet.
4. In view of the said submission of the learned counsel for both the parties, the writ petition is dismissed. If any such order is passed by the respondents, it is always open to the petitioner to agitate before the appropriate forum. Consequently, the connected M.Ps are closed. No order as to costs.
02.02.2017 Index: Yes/ No avr To
1. The Secretary Government of Tamilnadu Department of Home Fort St. George Chennai.
2. The Commissioner of Police Greater Chennai Metropolitan Police Commissioner Road Egmore, Chennai.
3. The Superintendent of Police Thiruvallur Thiruvallur District.
4. The District Collector District Collectorate Thiruvallur.
5. The Inspector of Police E-5, Redhills Police Station Thiruvallur.
D. KRISHNAKUMAR J.
avr
W.P. No. 26230 of 2013
and
M.P. Nos. 1 & 2 of 2013
02.02.2017
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Title

K Varadha Rajan vs The Government Of Tamilnadu Rep By Its Secretary Department Of Home Fort St George Chennai And Others

Court

Madras High Court

JudgmentDate
02 February, 2017
Judges
  • D Krishnakumar