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Madras High CourtWP(MD)/15691/2022dismissed

Keerthana Devi. M v. The Additional Chief Secretary

2022-07-20Honourable Mr Justice M.S. Ramesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.15691 of 2022 and W.M.P(MD)No.11294 of 2022 M.Keerthana Devi ... Petitioner /vs./ 1.The Additional Chief Secretary, Home Department, Secretariat St.Fort George, Chennai.

2.The Principal Secretary, Law Department, Secretariat St.Fort George, Chennai.

3.The District Collector, Collectorate Campus, Karur.

4.The Secretary, Bar Council of Tamil Nadu and Puducherry High Court, Gate No.4, N.S.C.Bose Road, George Town, Chennai.

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5.Kudiarasu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to remove the fifth respondent from the post of Government Pleader in the Principal District and Session Court, Karur by considering the representation, dated 21.06.2022 and thus render justice.

For Petitioner : Mr.Nirangan S.Kumar For R-1 to R-3 : Mr.G.Suriyananth Additional Government Pleader

ORDER

The petitioner herein seeks for issuance of Writ of Mandamus, to remove the fifth respondent from the post of Government Pleader in the Principle District and Sessions Court, Karur.

2. From a perusal of the grounds raised in the affidavit filed in support of the writ petition, the grievance of the petitioner seems to be on the allegation that since the fifth respondent had acted as the counsel for the petitioner's husband and in-laws, with whom she had an estranged relationship, he is required to be 2/5

removed from the post of a Government Pleader.

3. All the grounds raised by the petitioner in this writ petition, seems to be in connection with a matrimonial dispute between them. There is not even a single legal ground raised as to why this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India for the purpose of interfering with the appointment given to the fifth respondent. Merely because, the fifth respondent happens to represent the counsel of the petitioner's husband and in-laws, that cannot be a ground for the purpose of removing him from the post.

4. Since no cause of action has been made out in support of the prayer sought for in the writ petition, this writ petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 20.07.2022 Index : Yes / No Internet : Yes / No btr/TM 3/5

To 1.The Additional Chief Secretary, Home Department, Secretariat St.Fort George, Chennai.

2.The Principal Secretary, Law Department, Secretariat St.Fort George, Chennai.

3.The District Collector, Collectorate Campus, Karur.

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M.S.RAMESH, J.

btr/TM Order made in W.P.(MD)No.15691 of 2022 Dated:

20.07.2022 5/5