Petitions filed under Article 226 of the Constitution of India praying for: - WP.17188 of 2017 - issue of Writ of Certiorarified Mandamus to call for the records relating to the Government order passed by the 1st respondent in G.O(D) No.736 Home (Cts VIA) Department dated 9.6.2017 appointing the law officers in the various courts of Vellore District and quash the same as illegal arbitrary discriminatory violative of Section 24(4) and 24(5) of Cr.P.C. and in defiance of long line of judgments of Apex Court and consequently direct the 1st and 2nd respondents to redo the entire selection process in a fair objective and transparent manner in accordance with the procedure established by law within a time frame within a stipulated time to be fixed by this Court.
WP.17188/2017 For Petitioner : Mr.V.Vasanthakumar For Respondents : Mr.Vijay Narayan Advocate General Assisted by Mr.T.N.Rajagopalan, Govt. Pleader (I/c.) For RR 1 and 2 * * * * * COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) These writ petitions have been filed challenging the appointment of Law Officers in various District and Subordinate Courts in Tamil Nadu.
2.For the sake of convenience, the writ petition number, name of the writ petitioner and the relief sought in the writ petitions are enumerated hereinbelow: Sl.No.
W.P.No.
Name of the Petitioner Prayer
1. 17188/2017 A.Karalmarx G.O(D) No.736 Home (Cts VIA), Department dated 9.6.2017, appointing the law officers in the various courts of Vellore District
2. 17450/2017 S.Saravanakumar G.O.(D). No.639 Home (Cts VIA) Department dated 25.05.2017 (Erode District)
3. 15835/2017 N.Kadiresan serial No.3 in G.O.(D). No. 738 Home (Cts VIA) Department dt. 09.06.2017 (Krishnagiri District)
4. 15836/2017 A.S.Subramani Serial No.2 in G.O.(D). No.738 Home (Cts VIA) Department Dt.09.06.2017 (Krishnagiri District)
5. 15979/2017 M.L.Jegan G.O.(D) No.705 Home (Cts VIA) Department dated 2.6.2017 (Chennai)
6. 16463/2017 M.Bhaskar G.O. (D) No. 738 Home (Cts VIA) Department dt 9.6.2017 in respect of Serial No.9 is concerned
7. 16779/2017 A.Mohan G.O. (D) No.740 Home (Cts VIA) Department dated 9.6.2017 appointing the law officers in the various courts of Thiruvannamalai District
8. 15731/2017 P.Ganesan G.O.(D) No.737 Home (Cts VIA) Department dated 09.06.2017 appointing Law Officers in Various Courts of Coimbatore District
9. 14233/2017 V.G.Natarajan G.O. (D) No. 642 Home (Cts VIA) Department dated 25.5.2017 appointing the Law Officers in the various Courts of Villupuram District
10. 16232/2017 S.Vijay G.O.(D) No. 705 Home (Cts VIA) Department dated 02.06.2017 appointing the 4th respondent as City Public Prosecutor Chennai
11. 16901/2017 R.Gopi G.O.(D) No.634 Home (Cts VIA) Department dated 25.5.2017 appointing the law officers in the various courts of Dharmapuri District
12. 17318/2017 S.Murugadoss Impugned Order dated 9.6.2017 in G.O.(D) No.740 (Home (Cts VIA) Department (Tiruvannamalai District)
13. 17319/2017 C.Subramanian Impugned order dated 9.6.2017 in G.O.(D) No.740 (Home (Cts VIA) Department (Tiruvannamalai District)
14. 18247/2017 C.Paulraj, K.Kulothungan, D.G.Palanivel, S.Radha G.O.(D) No 636 Home (Cts. VIA) Department dated 25.05.2017 (Perambalur District)
15. 21693/2017 S.Subramaniyan GO (D) No.635 Home (Cts VIA) Department dated 25.05.2017 (Ariyalur District)
16. MD.11293/2017 G.Victor Anto GO (D) No.733 Home (Cts VIA) Department dated 09.06.2017 (Thoothukudi District)
17. MD.11294/2017 K.Magudeeswaran GO (D) Nos.655, Home (Cts VIA) Department dated 26.05.2017 and 747, Home (Cts VIA) Department dated 13.06.2017, (Karur District)
18. MD.11501/2017 M.Viji GO (D) No.731 Home (Cts VIA) Department dated 09.06.2017 (Madurai District)
19. MD.11551/2017 R.Nataraja Sankar GO (D) No.730 Home (Cts VIA) Department dated 09.06.2017 (Tirunelveli District)
20. MD.11553/2017 I.Joseph GO (D) No.643 Home (Cts VIA) Department dated 25.05.2017 (Pudukottai District)
21. MD.11617/2017 S.Lovelin GO (D) No.735 Home (Cts VIA) Department dated 09.06.2017 (Kanyakumari District)
22. MD.11731/2017 P.Parimala Devi GO (D) No.731 Home (Cts VIA) Department dated 09.06.2017 (Madurai District)
23. MD.11765/2017 K.N.Nalangilli GO (D) No.640 Home (Cts VIA) Department dated 25.05.2017 (Tiruchirappalli District)
24. MD.12146/2017 C.M.Mari Chelliah Prabhu GO (D) No.731 Home (Cts VIA) Department dated 09.06.2017 (Madurai District)
25. MD.12376/2017 S.Ramasubramanian GO (D) No.637 Home (Cts VIA) Department dated 25.05.2017 (Virudhunagar District)
26. MD.12548/2017 P.Janaki Raman GO (D) No.657 Home (Cts VIA) Department dated 26.05.2017 (Thanjavur District)
27. MD.12632/2017 M.P.Mani Ganesh Notification in R.O.C. C2/23843/2017 dated 30.06.2017 issued by 6th respondent/District Collector (Tirunelveli District)
28. MD.10374/2017 G.Victor Anto Writ of Mandamus to direction respondents 2 and 3/Home Secretary and District Collector, to follow the mandatory procedure contemplated in
Section 24(4) and (5) of Cr.P.C. with regard to appointment of Public Prosecutor or Addl. Public Prosecutor strictly without any violation. (Tuticorin District)
29. MD.10627/2017 K.Magudeeswaran Writ of Mandamus to direct the respondents to frame rules for appointment of Law Officers to the Subordinate Courts in the State of Tamil Nadu and consequently, direct to make all appointments to the post of Law Officers to the subordinate Judiciary based on the rules framed thereon.
30. MD.13152/2017 R.Thirumoorthy GO (D) No.641 Home (Cts VIA) Department dated 25.05.2017 (Sivagangai District)
3.A status report has been filed today on appointment of Law Officers in the District / Subordinate Courts.
4.We are informed that appointment of Law Officers in respect of 32 districts were notified in all Bar Associations in the Districts, offices of the District Collectors and Superintendents of Police, in all Revenue Divisional Offices and Taluk offices, in all District and Sessions Courts, Courts of Additional District and Sessions Judges, Courts of Chief Judicial Magistrates and Judicial Magistrates, Courts of District Munsif cum Judicial Magistrates and in all Subordinate Courts in the Districts.
5.After receipt of applications, panels have been prepared and finalized and Government Orders have been issued, notifying the revised panels in respect of the following six districts: Sl.No.
District G.Os. issued
1. Tirunelveli G.O. (D) Nos.1214 to 1217, dated 23.09.2017
2. Pudukottai G.O. (D) Nos.1221 to 1224, dated 25.09.2017
3. Villupuram G.O. (D) Nos.1248 to 1250, dated 03.10.2017
4. Perambalur G.O. (D) Nos.1350 to 1353, dated 08.11.2017
5. Tiruchirappalli G.O. (D) Nos.1355 to 1358, dated 09.11.2017
6. Dindigul G.O. (D) Nos.1359 to 1362, dated 09.11.2017 So far as these districts are concerned, the writ petitions challenging the notifications issued in June/July, 2017, have become infructuous. The interim orders, if any, in respect of these districts shall stand vacated.
6.We are informed that in respect of Chennai, Cuddalore, Dindigul, Ramanathapuram, The Nilgiris, Tiruvallur and Theni, Law Officers appointed during the year 2011 have been continuing till date.
7.In respect of Thoothukudi, Erode, Sivagangai, Tiruvallur, Namakkal, The Nilgiris, Theni, Coimbatore, Salem, Madurai and Krishnagiri Districts, panels have been prepared by the District Collectors in consultation with the respective District Judges and the same have been forwarded to the Government and are pending examination. The Government shall examine and release the panels at the earliest and in any case, within one (1) month from date.
8.We are informed that in respect of Ariyalur, Cuddalore, Dharmapuri, Kancheepuram, Nagapattinam, Tiruvarur, Vellore, Thanjavur, Chennai, Karur, Ramanathapuram, Tiruvannamalai, Tiruppur, Virudhunagar, Kanniyakumari Districts, the Panel is yet to be finalised by the District Collectors in consultation with the concerned District Judges.
9.In respect of those districts in which the impugned panels are continuing, the new panels shall be finalised at the earliest. The concerned District Collector, in consultation with the concerned District Judge, shall prepare the panels within four (4) weeks from the date of communication of this order and forward the same to the Government. The Government shall, within four (4) weeks thereafter, issue necessary orders.
10.Accordingly, all the writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.