This order addresses a writ petition challenging the appointment of a panel advocate by Southern Railway in Thanjavur District without a transparent selection process. The petitioner claimed a lack of transparency regarding the selection mechanism. The Court dismissed the petition, permitting the petitioner to apply for future appointments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2021
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
W.P. No.5213 of 2020 and W.M.P. Nos.6156 & 6158 of 2020
M.Kalidoss ...Petitioner
Vs.
1.The Union of India
Represented by its General Manager
Southern Railway
Chennai - 600 003
2.The Senior Deputy General Manager
Southern Railway
Chennai - 600 003
3.The Senior Law Officer
Southern Railway
Chennai - 600 003
4.A.Lakshmikanthan
Advocate
Middle Street, Alakudi Post
Thanjavur ..Respondents
Prayer: Writ Petition filed under Article 226 of the
Constitution of India praying for a Writ of Mandamus forbearing
the respondents 1 to 3 herein from appointing Panel Advocates
for Southern Railway to the courts in Thanjavur District without
following the transparent process of selection by inviting
applications for such appointment.
For Petitioner : Mr.S.V.Karthikeyan
For Respondents : Mr.P.T.Ramkumar, for R1 to R3
O R D E R
This writ petition is for a Mandamus to forbear the respondents 1 to 3 herein from appointing Panel Advocates for Southern Railway to the courts in Thanjavur District without following the transparent process of selection by inviting applications for such appointment.
Assistant Registrar(CS-IX)
True Copy
Sub-Assistant Registrar
To
1.The General Manager
Union of India
Southern Railway
Chennai - 600 003
2.The Senior Deputy General Manager
Southern Railway
Chennai - 600 003
3.The Senior Law Officer
Southern Railway
Chennai - 600 003
+1 CC to Mr.S.V. Karthikeyan, Advocate sr 24508.
+1 CC to Mr.P.T. Ram Kumar, Advocate sr 24556.
W.P.No.5213 of 2020 and
W.M.P. Nos.6156 & 6158 of 2020
VBM(CO)
SP(06/07/2021)
3 issues framed by the court
Whether Southern Railway should have appointed panel advocates in Thanjavur through a transparent selection process before the petition was filed.
Whether the High Court can direct the Railway to conduct a fresh transparent selection process for panel advocates.
Whether the instant writ petition ought to be allowed given that the petitioner has been permitted to apply for future appointments.
M. Kalidoss
The Union of India
Pushpa Sathyanarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
