WP(MD) No.2054 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Special Original Jurisdiction )

Monday, the Seventeenth day of October Two Thousand and Twenty Two

PRESENT

The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP

WP(MD) No.2054 of 2022

MANIKANDAN ... PETITIONER

Vs

1 THE DISTRICT COLLECTOR

COLLECTORATE,MADURAI - 625 020.

2 THE DEPUTY SUPERINTENDENT OF POLICE,

MELUR TALUK, MELUR DISTRICT.

3 THE INSPECTOR OF POLICE

MELAVALAVU POLICE STATION, MELUR,

MADURAI DISTRICT.

(CRIME NO. 172 OF 2018)

... RESPONDENTS

Petition filed praying that in the circumstances stated therein

and in the affidavit filed therewith the High Court may be pleased

to issue a Writ of Certiorarified Mandamus to call for the records

pertaining to the impugned order in Na.Ka.No. C4/3151-1/2021 dated

15.12.2021 on the file of the Respondent no.1 and to quash the same

as illegal and consequently direct the Respondent No.1 to appoint

Advocate Mr.Chinnaraja B.A.B.L., (Enrl. No. 418/ 1980) in S.C.No.

146 of 2018 on the file of the Learned III Additional District

Judge, (PCR), Madurai as per rule 4(5) of Scheduled Caste and

Scheduled Tribes (Prevention of Atrocities) Rules, 1995.

ORDER : This 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 MR.T.LAJAPATHI ROY, Advocate for the

petitioner and of MR.T.SENTHILKUMAR, Additional Public Prosecutor on

behalf of the Respondents, the court made the following order:-

In open Court, the learned Counsel for the Petitioner in

W.P.(MD)No.2054 of 2022, by way of special mentioning, submitted

that the first Respondent has to appoint one Thiru.Chinnaraja,

Advocate (Enrl.No.418/1980) as Special Public Prosecutor in

S.C.No.146 of 2018 on the file of the learned III Additional

1/6

https://www.mhc.tn.gov.in/judis

WP(MD) No.2054 of 2022

Sessions Judge (PCR), Madurai, as per the order of learned Single

Judge of this Court in W.P.(MD)No.2054 of 2022, dated 09.03.2022.

2.As per the remarks of the learned III Additional Sessions

Judge (PCR), Madurai, in D.No.1065, dated 14.09.2022, it is stated

that the District Collector, Madurai, had to appoint

Thiru.Chinnaraja, as Special Public Prosecutor. Till the date of

offering the remarks, ie., on 14.09.2022, the Special Public

Prosecutor had not been appointed. Further, in the same letter, the

learned III Additional Sessions Judge (PCR), Madurai, had stated

that she took charge of III Additional Sessions Judge (PCR),

Madurai, on 05.09.2022. Since the Special Public Prosecutor had not

been appointed, she undertakes to dispose of the case within the

extended period of six months from the date of appointment of

Special Public Prosecutor.

3.At that stage, the learned Additional Public Prosecutor of

this Court submitted that the District Collector has to pass orders

through proceedings. He further submit that the District Collect

shall appoint the Advocate Chinnaraja, as Special Public Prosecutor,

as per the choice of the victim of the Scheduled Caste and Scheduled

Tribes (Prevention of Atrocities) Act, 1989, but the fees had to be

paid by the Petitioner, as the Counsel appointed of his choice. The

fees will be fixed by the District Collector.

4.To this submission, Mr.T.Lajapathi Roy, learned Counsel for

the Petitioner objected stating that Scheduled Caste and Scheduled

Tribes (Prevention of Atrocities) Act, 1989, is a special enactment

to protect the rights of the victims of Scheduled Caste and

Scheduled Tribes (Prevention of Atrocities) Act, 1989. Therefore,

the act provides provisions to appoint a senior Advocate of the

choice of the family of the victim or the victim himself or herself

to conduct the prosecution on behalf of the victims, s