G.Anbarasi v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Writ Petition No. 1409 of 2023 G.Anbarasi ... Petitioner

Versus

1. The Secretary, Enrolment committee Bar Council of Tamilnadu & Puducherry Madras High Court Campus, Chennai - 600 104.

2. The Chairman Bar Council of Tamilnadu & Puducherry Madras High Court Campus, Chennai - 600 104.

3. The Inspector of Police Manavalakurchi Police Station Kanyakumari District - 629252.

(Crime No 81 / 2019) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the first respondent to

enrol the petitioner as an Advocate in the Roll of Bar Council of Tamil Nadu and Puducherry within the fixed time frame. For Petitioner : Mr. M. Selvam for Mr. M. Arunachalam. For Respondents : Mr. C.K. Chandrasekaran for R1 & R2.

O R D E R

[Order of the Court was made by R. MAHADEVAN, J] Heard Mr. M. Selvam, learned counsel appearing for the petitioner and Mr. C.K. Chandrasekaran, learned counsel appearing for the respondents 1 and 2.

2.The prayer made in this writ petition is to issue a Writ of Mandamus, directing the respondents 1 and 2 to enroll the petitioner as an Advocate in the Bar Council of Tamil Nadu and Puducherry, within a time frame to be stipulated by this court.

3.It is the case of the petitioner that she has completed LLB degree and made application on 29.09.2022 seeking to enrol her as an Advocate before the Bar council of Tamil Nadu and Puducherry, enclosing the relevant certificates and undertaking affidavits. However, her name was not considered for enrolment by the respondents 1 and 2, citing pendency

of the criminal case against her. Aggrieved by the same, the petitioner is before this court with the present writ petition.

4. Though the learned counsel for the petitioner reiterated the averments made in the writ petition that the petitioner has been falsely implicated in the criminal case and she has nothing to do with the alleged offence, he ultimately submitted that the petitioner would be satisfied, if a direction is issued to the respondents, to consider her application dated 29.09.2022, on merits and in accordance with law, within a time frame to be stipulated by this court, for which, the learned counsel appearing for the respondents has no serious objection.

5. Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the claim made by the petitioner, there shall be a direction to the respondents 1 and 2 to consider the petitioner's application, dated 29.09.2022 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

(R.M.D.,J) (M.S.Q.,J) 22.02.2023

ay Index:Yes / No Speaking Order / Non-speaking Order

R. MAHADEVAN, J and MOHAMMED SHAFFIQ, J ay Copy To

1. The Secretary, Enrolment committee Bar Council of Tamilnadu & Puducherry Madras High Court Campus, Chennai - 600 104.

2. The Chairman Bar Council of Tamilnadu & Puducherry Madras High Court Campus, Chennai - 600 104.

3. The Inspector of Police Manavalakurchi Police Station Kanyakumari District - 629252.

W.P. No. 1409 of 2023 Dated:22.02.2023