Y. NELSON Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Intra-Court Appeal has been filed against the Order of the learned Single Judge of this Court in W.P.(MD) No.7459 of 2012, dtd. 8/2/2018.

(2.) The Appellant has filed a Writ Petition challenging the Official Memorandum, dtd. 24/5/2012 issued by the District and Sessions Judge, Kanyakumari District, wherein, Applications were called for from the eligible Advocates for appointment of Official Receiver for Kanyakumari District.

(3.) The Appellant was initially appointed as Part-time Official Receiver in October 2008 and his term for Office was three years. On 12/9/2011, he submitted an Application for declaration of his Probation for a total period of three years and for continuation of a further term of three years from 31/10/2011 to 31/10/2014. This Letter was forwarded by the learned District and Sessions Judge to the Registrar (Administration), Madurai Bench of Madras High Court for the purpose of submitting it to the Government of Tamil Nadu. After receiving the Application, the Government, instead of accepting his request, has directed the Registrar (Administration), Madurai Bench of Madras High Court to send a fresh Panel of Advocates for appointment as Official Receiver in Kanyakumari District. Based on the Letter of the Government, the impugned Proceedings were initiated by the learned District and Sessions Judge, Kanyakumari. Aggrieved over the impugned Proceedings, the Appellant sought the relief of Certiorarified Mandamus to quash the same and consequently directing the Respondents to order continuation of the Appellant's term of Office as Official Receiver for three years.