Dhanasri Vs The Home Secretary

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus by directing the first respondent to appoint the

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

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W.P.(MD) No. 18327 of 2026

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advocate, namely, A.Raja vide Enrollment No. MS 254/2004 from Madurai as Special Public Prosecutor in Spl.S.C.No.12/2026 pending on the file of the Special Sessions Court for the SC/ST Act, Madurai district.

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For petitioner : Mr. C. Vijayalakshmi For respondents : M/s.P.Sudarkodi Natchiyar Counsel for State of TN *****

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ORDER

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This Writ Petition is taken up for hearing at the time of admission with the consent of the learned counsel for the petitioner and learned Counsel for State of TN for the respondents.

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This Writ Petition has been filed for a Writ of Mandamus by directing the first respondent to appoint the advocate, namely, Mr.A.Raja vide Enrollment No. MS 254/2004 from Madurai as Special Public Prosecutor in Spl.S.C.No.12/2026 pending on the file of the Special Sessions Court for the SC/ST Act, Madurai District.

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

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W.P.(MD) No. 18327 of 2026

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The petitioner appears to be defacto complainant in Crime No.29 of 2025 on the file of the All Women Police Station, Madurai. After investigation, charge sheet was filed, pursuant to which the case was taken on file by the III Additional District and Sessions Court (PCR), Madurai, in Spl.S.C.No.12 of 2026. In the said case, the petitioner wanted Mr.A.Raja, Advocate (Enroll. No.MS 254/2004) to be appointed as the Special Public Prosecutor to represent on behalf of the petitioner, who is the defacto complainant.

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The learned Counsel for State of TN would draw attention to Rule 4(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. It is submitted that only the third respondent is competent to engage an eminent senior advocate for conducting the case at request of the victim of atrocity and on payment of such fees, the same may be considered.

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It is submitted that in the request, copy of the consent of the said Advocate was not enclosed with the third respondent. It is, however, submitted that in the typed set filed by the respondent, a copy of No Objection Certificate/Consent of the Advocate to be appointed as the Special Public

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

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W.P.(MD) No. 18327 of 2026

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Prosecutor in the above case is enclosed and will be considered and disposed of.

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Recording the same, I direct the third respondent to consider the request of the petitioner for appointment of Mr.A.Raja, Advocate (Enroll.No.MS 254/2004) as the Special Public Prosecutor in Spl.S.C.No.12 of 2026 on the file of the III Additional District and Sessions Court (PCR), Madurai. This exercise shall be completed as expeditiously as possible preferably within a period of fifteen (15) days from the date of receipt of a copy of this order.

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