Sethuraman (CA Student) 27 February 2022

Counter not filed by public prosecutor

I have filled a writ petition on oct 2021, court issued admit notice and adjourned the case. The matter came up for final hearing on feb 2022, government public prosecutor asking for more time to file the counter. I checked with the concerned government department as to why counter is not filed, they informed counter is already filed. It is now pending with public prosecutor without filing in court. What to do now? Why should public prosecutor ask for more time when the counter is already ready?

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G.L.N. Prasad (Retired employee.) 27 February 2022

The respondents may have submitted a draft and it is the duty of the advocate to make necessary corrections and file the same taking all precautions for defending the authority's stand.

P. Venu (Advocate) 18 April 2022

The writ petition could be disposed of even in the absence of counter. The petitioner need not burdened with inter department dealings between the respommdent office and the government advocate.