Madras High CourtWP Crl./750/2025disposed of

G.Chitra v. The District Collector,

2025-09-04Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. G.Chitra W/o.V.Gopi, No.20, Ambedkar Cross Street, Pallikaranai, Chennai - 600 100.

Appellant(s) Vs

1. The District Collector, Chengelpattu Collector Office, Chengelpattu-603 001.

Respondent(s) PRAYER : Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus or any other Writ, Order or Direction in the nature of a Writ of Mandamus directing the respondent District Collector Chengalpattu to engage and appoint eminent Senior Advocate Mr.B.Mohan MS.No.354/1979, having office at No.122, Gurunathan Street, Bhavani, Erode District-638 301 as an Exclusive Special Public Prosecutor along with his two junior advocates to assist him in SC No.117/2024 pending before the Honble Special Court for SC/ST POA Act Cases and District Principal Sessions Judge, Chengalpattu with

appropriate fee that shall be on a scale higher than the other panel advocates in the State and pass such other orders.

For Appellant(s):

Arun Kasi T.Sakthivel For Respondent:

Mr.R.Vinodhraja, Government Advocate [Crl.Side]

ORDER

This Writ Petition has been filed to direct the respondent to engage and appoint eminent Senior Advocate Mr.B.Mohan MS.No.354/1979, having office at No.122, Gurunathan Street, Bhavani, Erode District-638 301 as an Exclusive Special Public Prosecutor along with his two junior advocates to assist him in SC No.117/2024 pending before the Special Court for SC/ST POA Act Cases and District Principal Sessions Judge, Chengalpet with appropriate fee that shall be on a scale higher than the other panel advocates in the State.

2. The petitioner gave a representation to the District Collector to appoint Special Public Prosecutor of his choice on 11.08.2025, since, the issue is with regard to honour killing. Whereas, it is the contention of the learned

Government Advocate [Criminal Side] appearing for the respondent that it is not honour killing and it is a case of murder and a case is pending in S.C.No.117 of 2024 for the offences under sections 147, 148, 120B, 149 and 302 of IPC and under section 3[2] [v] of SC/ST POA Act.

3. A reading of Rule 4 [v] of Schedule Cases and Schedule Tribes [Prevention of Atrocities] Rules makes it clear that it is the duty of the District Magistrate to engage an eminent Senior Advocate for conducting the cases in the Special Courts or Exclusive Special Courts] , if so desired by the victim of atrocity. Since, the representation of the petitioner dated 11.08.2025 is already pending before the respondent, let the respondent take a decision on the representation of the petitioner dated 11.08.2025 within a period of 15 days from the date of receipt of a copy of this Order.

5. With the above direction, this Writ Petition is disposed of. 04-09-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To

1. The Principal Sessions Judge, Chengalpet.

2. The District Collector, Chengelpattu Collector Office, Chengelpattu-603 001.

3. The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

vrc 04-09-2025