Madras High Court
N.Selvakumar vs The Principal Secretary To Government on 11 March, 2025
W.P(MD)No.6280 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.03.2025
CORAM :
THE HON'BLE MR.JUSTICE P.DHANABAL
W.P(MD)No.6280 of 2025
N.Selvakumar
... Petitioner
Vs
1. The Principal Secretary to Government,
Government of Tamil Nadu,
Home Department,
Secretariat, Chennai.
2. The Superintendent of Police,
Office of the Superintendent of Police,
Nagercoil, Kanyakumari District.
3. The Inspector of Police,
Bhoothapandy Police Station,
Kanyakumari District, In Crime No. 334 of 2005.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the 1st
respondent to consider and appoint Thiru S.Karthikeyan MS No.157 of
1984 Advocate, residing at 36 Neelamegam Nagar, Thirumogoor Road,
Y.Othakadai, Madurai 625 107 as the Special Public Prosecutor to
conduct the prosecution of the case in SC No. 13 of 2009 on the file of
the learned District and Sessions Judge, Nagercoil, Kanyakumari District
within a time frame limit as fixed by this Court.
1/6
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W.P(MD)No.6280 of 2025
For Petitioner : Mr.R.Babu Jeganath
For Respondents : Mr.R.M.Anbunithi (R2,R3)
Additional Public Prosecutor
Mr.M.Senthil Ayyanar (R1)
Government Advocate
ORDER
This Writ Petition has been filed to direct the 1st respondent to
consider and appoint Thiru S.Karthikeyan, MS No.157 of 1984
Advocate, residing at 36 Neelamegam Nagar, Thirumogoor Road,
Y.Othakadai, Madurai 625 107 as the Special Public Prosecutor to
conduct the prosecution of the case in SC No. 13 of 2009 on the file of
the learned District and Sessions Judge, Nagercoil, Kanyakumari
District.
2.According to the petitioner, two brothers of the petitioner were
murdered by accused persons, thereby, two different cases have been
registered. One of the case in S.C.No.204 of 2018 on the file of District
and Sessions Court, Nagercoil, Kanyakumari District was disposed of by
convicting some of the accused persons and acquitting the remaining
accused persons. Against the Judgment of acquittal, appeal is pending.
Now the present case in SC No. 13 of 2009 is also pending before the
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learned District and Sessions Judge, Nagercoil, Kanyakumari District for
trial and therefore, the petitioner has sent a representation to the 1st
respondent on 26.02.2025 for appointment of a Special Public
Prosecutor in this case. The petitioner wants to put forth his case before
the Court effectively. Therefore, he seeks permission to appoint Thiru.
S.Karthikeyan MS No.157 of 1984 Advocate, residing at 36
Neelamegam Nagar, Thirumogoor Road, Y.Othakadai, Madurai 625 107
as Special Public Prosecutor, but the same has not been considered.
Hence this petition.
3.The learned Government Advocate appearing for the first
respondent would submit that the petitioner has sent a representation to
the 1st respondent, instead of sending the same to the District Collector,
who is the competent person to issue necessary orders. Therefore, the
petitioner has to approach the District Collector, Nagercoil,
Kanyakumari District for his remedy.
4.Heard the learned counsel on either side and perused the
materials available on record.
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5.The main grievance of the petitioner is that in order to put forth
his case before the Court effectively, he seeks permission to appoint
Thiru S.Karthikeyan MS No.157 of 1984 Advocate, residing at 36
Neelamegam Nagar, Thirumogoor Road, Y.Othakadai, Madurai 625 107
as Special Public Prosecutor. However, he has not sent any
representation to the District Collector, who is the competent person to
appoint the Special Public Prosecutor.
6.In view of the above, the petitioner is at liberty to approach
either the District Collector for appointment of Special Public Prosecutor
or the trial Court for assisting the prosecution, by way of filing
appropriate application under Section 18(8) of B.N.S.S., 2023, if any
such application is being filed, it is for the District Court or the trial
Court to take appropriate decision in this regard, in accordance with law.
7.With the above observations and directions, this Writ Petition is
disposed of.
11.03.2025
Internet :Yes
Index :Yes/No
NCC :Yes/No
PNM
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To
1.The District and Sessions Judge, Nagercoil, Kanyakumari District
2. The District Collector, Nagercoil, Kanyakumari District.
3. The Principal Secretary to Government,
Government of Tamil Nadu,
Home Department,
Secretariat, Chennai.
4. The Superintendent of Police,
Office of the Superintendent of Police,
Nagercoil, Kanyakumari District.
5. The Inspector of Police,
Bhoothapandy Police Station,
Kanyakumari District,
In Crime No. 334 of 2005.
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P.DHANABAL, J.
PNM
ORDER IN
11.03.2025
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