K.Premkumar v. the District Collector

Madras HC10 Jan 2025WP/795/2025

Case brief

AI extract

What is this about?

Special Public Prosecutor appointment dispute; writ of certiorarified mandamus under Article 226 against District Collector Thiruvarur order Na.Ka.13208/2020/E3 dated 15.12.2022; appointment of Mr.Kannan, Additional Public Prosecutor, instead of petitioner's proposed Mr.K.Sukumaran (Enrollment No. 464/76, Kumbakonam Bar Association); trial in S.C.No.3 of 2018 before Sessions Judge, Fast Track Mahila Court, Thiruvarur; petitioner's liberty to engage counsel of his choice to assist prosecution; petition disposed of, no costs, WMPs 975 & 976 of 2025 closed; decided 10.01.2025 by Justice P.Velmurugan, Madras High Court.

What did the court decide?

Liberty to the petitioner to engage a counsel of his choice to assist the prosecution; no order as to costs; connected miscellaneous petitions W.M.P.Nos.975 & 976 of 2025 closed. ¶¶32

K.Premkumar Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

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W.P.No.795 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.01.2025

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CORAM

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THE HON'BLE MR. JUSTICE P.VELMURUGAN

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W.P.No.795 of 2025

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and

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W.M.P.Nos.975 & 976 of 2025

K.Premkumar

... Petitioner

Vs.

The District Collector, Thiruvaur District, Thiruvarur.

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The Deputy Superintendent of Police, Mannargudi Town, Mannagudi.

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The Inspector of Police, Mannargudi Police Station, Mannargudi. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the impugned order in Na.Ka.13208/2020/E3 dated 15.12.2022 on the file of the 1st respondent and quash the same as illegal and direct the 1st respondent to appoint one Mr.K.Sukumaran Enrollment No. 464/76 of Kumbakonam Bar Association as Special

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Page 1 of 5

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

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W.P.No.795 of 2025

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Public Prosecutor in S.C.No.3 of 2018 on the file of the Learned Sessions Judge, Fast Track Mahila Court, Thiruvarur.

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For Petitioner : Mr.P.Thennavan

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For Respondents : Mr.S.Sugendran Additional Public Prosecutor

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O R D E R

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This Writ Petition has been filed to issue a Writ of Certiorarified

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Mandamus, calling for records pertaining to the impugned order in Na.Ka.13208/2020/E3 dated 15.12.2022 on the file of the 1st respondent and quash the same as illegal and direct the 1st respondent to appoint one

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Mr.K.Sukumaran Enrollment No. 464/76 of Kumbakonam Bar Association as Special Public Prosecutor in S.C.No.3 of 2018 on the file of the Learned Sessions Judge, Fast Track Mahila Court, Thiruvarur.

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Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the official respondents and perused the materials available on record.

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On a perusal of the records, it is seen that the petitioner filed a

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Page 2 of 5

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

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W.P.No.795 of 2025

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petition before the first respondent to appoint Special Public Prosecutor to conduct a trial in the case in S.C.No.3 of 2018 pending on the file of Fast Track Mahila Court, Thiruvarur. The first respondent appointed one Mr.Kannan, Additional Public Prosecutor to prosecute the abovesaid case. Being dissatisfied with the same, the petitioner has filed this writ petition. The petitioner is at liberty to engage a counsel of his choice to assist the prosecution.

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