Muthusamy, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-03-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI Muthusamy ..Petitioner(s) Vs
1. The Secretary to Government, High Court Department, Secretariat, Fort St.George, Chennai-600 009.
2. The District Collector cum District Magistrate, Tiruppur District Collector Office, Tiruppur District.
..Respondent(s) Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the 2nd respondent to consider and dispose the representation dated 24.06.2024 to appoint Mr.V.Anandhan, B.A.B.L, (Ms.No.730/2002), Advocate from Tiruppur as a Special Public Prosecutor to conduct the Spl.S.C.No.3 of 2024 on the file of learned Session Judge, Special Court for trial of cases under SC/ST(PoA) Act. For Petitioner(s):
M/s.Gunasei M P For Respondent(s):
Ms.V.Yamuna Devi Special Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the respondent to to consider the petitioner's representation dated 24.06.2024, to appoint Mr.V.Anandhan, B.A.B.L, Advocate from Tiruppur as a Special Public
Prosecutor to conduct the Spl.S.C.No.3 of 2024 on the file of learned Session Judge, Special Court for trial of cases under SC/ST(PoA) Act.
2. The learned counsel for the petitioner submits that the petitioner is doing goat and cattle business. It is alleged that on 24.11.2023, at about 9.15 a.m. several individuals including one Palanisamy who is a politically influential person forcibly entered the petitioner's residence abused using caste name and assaulted both the petitioner and his mother. Based on the petitioner's complaint, the First Information Report in Cr.No.614 of 2023 dated 21.11.2023 was registered by Kangeyam Police Station for offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Although a charge sheet was subsequently filed, it excluded the said Palanisamy. The petitioner then filed a transfer petition in Crl.O.P.No.
3648 of 2024 and was granted liberty to file a protest petition before the Special Court through which the said accused was impleaded. Subsequently, the accused filed discharge petition in M.A.No.5 of 2024 and the same was dismissed on 22.04.2025. In view of the conduct of the prosecution and the circumstances of the case, the petitioner has lost confidence in the existing State Public Prosecutor. Therefore, he made a representation before the respondents and the same was not considered till date. Hence, the present Writ Petition has been filed.
3. The learned counsel appearing for the petitioner further submitted that this Court may issue a direction to the respondent to consider the petitioner's representation dated 24.06.2024.
4. The learned counsel appearing for the respondent submitted that the petitioner's application will be considered and appropriate orders will be passed on merits.
5. Heard the learned counsel appearing on either side and perused the materials placed on record.
6. In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 24.06.2024 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, the Writ Petition stands disposed of. No costs.
03-03-2026 Index: Yes/No Speaking/Non-speaking order ep
M.DHANDAPANI, J.
ep To
1. The Secretary to Government, high Court Department, Secretariat, Fort St.George, Chennai-600 009.
2. The District Collector cum District Magistrate, Tiruppur District Collector Office, Tiruppur District.
03-03-2026