J.Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.38929 of 2015 and M.P.No.1 of 2015 J.Lakshmi ... Petitioner Vs

1. The District Collector, Villupuram District, Villupuram.

2. The Deputy Superintendent of Police, Tindivanam (2nd respondent amended as per the order of this Court in WMP.No.393/2016 dt.25.1.2016) ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the 1st respondent to pass appropriate orders to forthwith appoint Mr.M.R.Sheriff, Advocate, Villupuram as Special Public Prosecutor to conduct the trial of the case in S.C.No.104 of 2015 on the file of the Sessions Judge, (the Special Court constituted under the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act 1989) Villupuram as per Rule 4(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 on the basis of the petitioner's representations dated 27.11.2015. For Petitioner :

Mr.S.Sathiachandran For Respondents : Mr.P.Sanjay Gandhi, Additional Government Pleader

O R D E R

The present writ petition has been filed to direct the 1st respondent to pass appropriate orders to forthwith appoint Mr.M.R.Sheriff, Advocate, Villupuram as Special Public Prosecutor to conduct the trial of the case in S.C.No.104 of 2015 on the file of the Sessions Judge, (the Special Court https://hcservices.ecourts.gov.in/hcservices/

constituted under the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act 1989) Villupuram as per Rule 4(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 on the basis of the petitioner's representation dated 27.11.2015.

2. When the matter is taken up for consideration, learned Additional Government Pleader has submitted that Mr.M.R.Sheriff, Advocate, was already appointed as a Special Public Prosecutor to conduct the case. He has also produced a copy of the order dated 10.01.2016 issued in this regard by the District Collector, Villupuram.

3. Since the prayer sought for by the petitioner has already been complied with, this Court is of the opinion that nothing survives in this writ petition. Hence, the writ petition stands closed. Consequently, connected miscellaneous petition is also closed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vsi To

1. The District Collector, Villupuram District, Villupuram.

2. The Deputy Superintendent of Police, Tindivanam +1 cc to Government Pleader sr.4479 +1 cc to Mr.S.Sathia Chandran Advocate sr.4445 W.P.No.38929 of 2015 rv(co) aa16/02/2016 https://hcservices.ecourts.gov.in/hcservices/