Madras High Court
K.Anandaraj vs State Of Tamilnadu on 20 October, 2014
Author: S.Palanivelu
Bench: S.Palanivelu
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 20-10-2014 CORAM THE HONOURABLE MR. JUSTICE S.PALANIVELU WP.NOS.473 & 3157 OF 2014 AND MP.Nos.1 & 1 of 2014 K.Anandaraj .. Petitioner in WP No.473 of 2014 K.Selvaraj .. Petitioner in WP No.3157 of 2014 Versus 1.State of Tamilnadu Rep.by its Secretary to Govt. Home (Courts) Department, Fort St. George, Chennai 600 009. 2.The District Collector Erode District. Erode. 3.The Deputy Superintendent of Police, Gobichettipalayam Sub Division, Erode District. .. Respondents in both WPs Writ petitions filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 2nd respondent to pass appropriate orders appointing a Special Public Prosecutor to conduct the case in S.C.Nos.109 & 128 of 2013 on the file of the Special Court constituted under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (Principal Sessions Court, Erode) as per rule 4 (5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules 1995 based on the petitioner's representation dated 25.11.2013 and 04.11.2013 within the time frame. For Petitioner : Mr.S.Sathia Chandran in both WPs For Respondents : Mr.S.V.Durai Solaimalai AGP (W) for RR1 to RR3 COMMON ORDER
The petitioners have come forward with the present writ petitions seeking for the relief of directing the 2nd respondent to pass appropriate orders appointing a Special Public Prosecutor to conduct the case in S.C.Nos.109 & 128 of 2013 on the file of the Special Court constituted under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (Principal Sessions Court, Erode) as per rule 4 (5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules 1995 based on the petitioner's representation dated 25.11.2013 and 04.11.2013 within the time frame.
2.The learned counsel for the petitioners submitted that the petitioners have come forward with the above petitions seeking for a limited prayer to direct the 2nd respondent to consider their representations dated 25.11.2013 and 04.11.2013.
3.Heard the learned Additional Government Pleader appearing for the respondents on the submissions made by the learned counsel for the petitioners.
4.In view of the limited prayer made by the petitioners, without going into the merits of the petitioner's representation dated 25.11.2013 and 04.11.2013, this court is constrained to direct the 2nd respondent to consider the representation of the petitioners dated 25.11.2013 & 04.11.2013 after affording reasonable opportunity to the petitioners and to the other respective parties concerned and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
5.With the above direction, both the writ petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
20.10.2014 rgr To
1.The Secretary to Govt.
Home (Courts) Department, Fort St. George, Chennai 600 009.
2.The District Collector Erode District.
Erode.
3.The Deputy Superintendent of Police, Gobichettipalayam Sub Division, Erode District.
S.PALANIVELU, J.
rgr WP.NOS.473 & 3157 OF 2014 20.10.2014