W.P.Crl.(MD)No.3780 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.3780 of 2026 P.Esakki Raja ... Petitioner Vs. 1.The Home Secretary, Government of Tamil Nadu, Home (Cts.VI-A) Department, Fort St. George, Secretariat, Chennai-600 009. 2.The District Collector, Virudhunagar District. 3.The Superintendent of Police, Virudhunagar, Virudhunagar District. 4.The Inspector of Police, Seithur Police Station, Virudhunagar District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to appoint Thiru. S.Thirumalaiappan as Special Public Prosecutor in S.C.No.100 of 2025, pending on the file of the Principal Sessions Judge, Virudhunagar District at Srivilliputhur, by considering the case materials and the representation made to the 2nd respondent. 1/5 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3780 of 2026 For Petitioner : Mr.Dhilipan Pandian for Mr.R.Yeswanth For R1 & R2 : M/s.M.R.Priyanka Jothi Government Advocate (Civil Side) For R3 : Mr.Karuppasamy Pandian Government Advocate (Crl.Side) For R4 : Mr.D.Rajaboopathy Government Advocate (Crl.Side) ORDER Seeking to direct the respondents 1 to 3 to appoint Thiru. S.Thirumalaiappan as Special Public Prosecutor in S.C.No.100 of 2025, pending on the file of the Principal Sessions Judge, Virudhunagar District at Srivilliputhur considering the petitioner's representation, this writ petition is filed. 2. The learned Additional Public Prosecutor submitted that except in cases under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the victim cannot ask for the appointment of Special Public Prosecutor as a matter of right. The new Government had taken office only since 1 ½ months and the process of appointing competent Public Prosecutors and Government Advocates across the State is ongoing. The same would be promptly concluded within a period of four weeks. It is for the Government to 2/5 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3780 of 2026 consider the representation and the same will be duly considered. 3. Heard the learned counsel on either side and carefully perused the materials available on record. 4. Recording the said submission, this Court hereby direct the respondents to consider the petitioner's representation and dispose of the same within a period of four (4) weeks from the date of receipt of copy of this order. It is made clear that the petitioner cannot insist for appointment of any particular person as Public Prosecutor. 5. With the above directions, this Writ Petition stands disposed of. 09.07.2026 NCC : Yes / No Index : Yes / No gbg TO:- 1.The Home Secretary, Government of Tamil Nadu, Home (Cts.VI-A) Department, Fort St. George, Secretariat, Chennai-600 009. 3/5 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3780 of 2026 2.The District Collector, Virudhunagar District. 3.The Superintendent of Police, Virudhunagar, Virudhunagar District. 4.The Inspector of Police, Seithur Police Station, Virudhunagar District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3780 of 2026 L.VICTORIA GOWRI, J. gbg Order made in W.P.Crl.(MD)No.3780 of 2026 Dated 09.07.2026 5/5 https://www.mhc.tn.gov.in/judis