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Madras High CourtWP/4441/2025dismissed

M.Dinesh Kumar v. The District Collector

2025-02-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M Dinesh Kumar ... Petitioner -Vs1. The District Collector, The District Collector Office, Palladam Road, Tirupur 641604.

2. The Directorate of Prosecution, No.5 Kamarajar Salai, Chennai 600005.

3. The Secretary, Home (Courts VI-A) Department, Secretariat, Chennai 09.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to appoint Senior Advocate, Vanitha Rosy as Tenure Prosecutor in Crime.133 of 2024 by considering the petitioner's representation dated 10.01.2025. For Petitioner : Mr.Deepan Uday For R1 and R3 : Mr.P.Balathandayutham Special Government Pleader For R2 : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This writ petition has been filed for direction directing the third respondent to appoint Senior Advocate, Vanitha Rosy as Tenure Prosecutor in Crime.133 of 2024 by considering the petitioner's representation dated 10.01.2025.

2. Heard both sides and perused the materials available on record.

3. A perusal of the representation submitted by the petitioner revealed that the petitioner did not even make any allegations as against the present Public Prosecutor or anybody else. The petitioner, being an Advocate and his brother was murdered by the accused, he wants to appoint a Senior Advocate to conduct prosecution.

4. Without making any allegation as against the present Public Prosecutor, the representation submitted by the petitioner cannot be considered to appoint a particular Senior Advocate. However, the petitioner can very well approach the Trial Court to assist the prosecution in the manner known to law.

5. Accordingly, this writ petition stands dismissed. No costs.

07.02.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The District Collector, The District Collector Office, Palladam Road, Tirupur 641604.

2. The Directorate of Prosecution, No.5 Kamarajar Salai, Chennai 600005.

3. The Secretary, Home (Courts VI-A) Department, Secretariat, Chennai 09.

4. The Public Prosecutor, High Court, Madras.

07.02.2025