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Madras High CourtWMP(MD)/22622/2024allowed

Selvam v. The District Collector

2024-11-07Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Seventh day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR in W.P.(MD)No.26540 of 2024 SELVAM ... Petitioner Vs 1 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, MADURAI DISTRICT.

2 THE ASSISTANT COMMISSIONER OF POLICE, OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, THIRUPARANKUNDRAM, MADURAI CITY, MADURAI.

3 THE INSPECTOR OF POLICE THIRUPARANGUNDRAM POLICE STATION, MADURAI CITY, MADURAI DISTRICT, (CRIME NO. 224/2023) ... Respondents Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to direct the respondent no. 1 to appoint Mr.P.Saravanan to assist the Special Public Prosecutor Mr.B. Mohan for conducting the case in Spl. S.C. No. 64 of 2023 pending on the file of the Learned III Additional District Court (PCR) Madurai, in accordance with law within the time stipulated by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

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Prayer in WP(MD). 26540/ 2024 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondent No. 1 to appoint Mr. B. Mohan (M/s. No. 354/1979) as Special Public Prosecutor for conducting the case in Spl. S.C. No. 64 of 2023 pending on the file of the Learned III Additional District Court (PCR) Madurai, under rule 4(5) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, on the basis of petitioners representation dated 08.04.2024 and 29.09.2024 in accordance with law within the time stipulated by this Honble Court.

ORDER : This Writ Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of DR.R.ALAGUMANI, Advocate for the petitioner and of M/s.M.MUTHUMANIKKAM, Government Advocate (Crl. Side) on behalf of the 1st Respondent and Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor for the R2 & R3, the court made the following order:- It is represented that Mr.B.Mohan hails from Bhavani, Erode District hence a local counsel to assist the petitioner one Mr. P.Sarvanan, Enrl No.1964 of 2003 has given his consent. The same also to be considered.

2. This petition is allowed.

sd/- 07/11/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, MADURAI DISTRICT.

2 THE ASSISTANT COMMISSIONER OF POLICE, OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, THIRUPARANKUNDRAM, MADURAI CITY, MADURAI.

3 THE INSPECTOR OF POLICE THIRUPARANGUNDRAM POLICE STATION, MADURAI CITY, MADURAI DISTRICT,

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE JUDGE, III ADDITIONAL DISTRICT COURT (PCR) MADURAI.

ORDER

IN in W.P.(MD)No.26540 of 2024 Date :07/11/2024 PSP/ SKN /SAR /08.11.2024/ 3P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3