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Madras High CourtWP/29900/2007closed

Tamil Nadu Pondicherry Advocat v. The Govt. Of Tamilnadu

2018-12-14Honourable Mr Justice R. Mahadevan5 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2018

CORAM:

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P. Nos. 29900 and 30623 of 2007 and M.P.Nos.1 and 1 of 2007 and M.P.No.1of 2008 in W.P.No.30623 0f 2007 Tamil Nadu Pondichery Advocate Clerks Federation Rep. by its Secretary, D.Sethuraman,

...Petitioner in

W.P.No.29900 of 2007 The Tamil Nadu Advocates Clerks Association, (Formerly Madras Law Clerks Association), High Court Buildings, Chennai - 600 104.

rep. by its Secretary.

(Cause title amended as per Court Order dated 21.07.2018 in M.P.No.1 of 2008) ... Petitioner in Vs.

1. The Government of Tamil Nadu, Rep. By the Secretary of Government, Home Department (Court-V) Dept, Chennai - 9.

2. Bar council of Tamil Nadu, rep. By its Secretary, Tamil Nadu Advocate's Welfare Fund Committee, High Court Buildings, Chennai - 104.

3. The Chairman, Tamil Nadu Advocate's Welfare Fund Committee, High Court Buildings, Chennai - 104.

...Respondents in W.P.No. 29900 of 2007

1. The Tamil Nadu Advocates Clerks Welfare Fund Committee, by its Secretary , High Court Buildings, Chennai - 600 104.

2. Bar council of Tamil Nadu, rep. by its Secretary, High Court Buildings, Chennai - 600 104.

3. The Chairman, High Court Buildings, Chennai - 600104.

4. The Secretary to Government, Department of Law,

5. The Secretary to Government, Department of Home,

6. The Secretary to Government, Department of Finance,

7. K.Varadharajan Advocate Clerk, Tamil Nadu Advocates Clerks Association, High Court Buildings, Chennai - 600 104.

8. D.Nagarajan, Advocate Clerk, District Court Compound, Cuddalore.

9. Mandiram Pillai, Advocate Clerk, District Court Compound, Nagercoil.

... Respondents in PRAYER in W.P.No.29900 of 2007 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to make nomination to the Advocate Clerks Welfare fund committee members under Clause (f) of Sub Section (3) of Section 4 of Tamil Nadu Advocate's Clerks Welfare Fund Committee Act 1999 only by conducting elections for the recognized Advocate clerk association.

PRAYER in W.P.No.30623 of 2007 : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration, declaring that the nomination of respondents 7 to 9 as members of the Advocate Clerks Welfare Fund Committee by the second respondent in the General Council held on 27.07.2007 of Bar Council of Tamil Nadu, [the second respondent herein] and all further proceedings relating to them are null and void.

For Petitioner in W.P.No.29900 of 2007 : Mr.Prabhakaran For Mr.S.Conscious Ilango For Petitioner in : Mr.A.V.Arun For Respondents in W.P.No.29900 of 2007 : Mr.S.Y.Masood - for RR2 and 3.

Mr.Surya Narayanan, Additional Government Pleader For R1.

For Respondents in : Mr.S.Y.Masood - for RR1 and 2.

Mr.Surya Narayanan, Additional Government Pleader for RR4 to 6.

Mr.M.Radhakrishnan - for R7 Mr.C.K.M.Appaji - for R9.

C O M M O N O R D E R When the matters were taken up for hearing, the learned counsel for the petitioners fairly submitted that the issue involved herein has become infructuous and hence, nothing survives for adjudication in these writ petitions. However, the learned counsel submitted that the petitioner may be granted liberty to approach the authority concerned for any other relief.

2. Granting such liberty to the petitioners, both the writ petitions stand closed. No costs. Consequently, connected miscellaneous petition are also closed.

vsi2 Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Government of Tamil Nadu, Rep. by the Secretary of Government, Home Department (Court-V) Dept, Chennai - 9.

2. Bar council of Tamil Nadu, rep. by its Secretary, Tamil Nadu Advocate's Welfare Fund Committee, High Court Buildings, Chennai - 104.

3. The Chairman, Tamil Nadu Advocate's Welfare Fund Committee, High Court Buildings, Chennai - 104.

4. The Tamil Nadu Advocates Clerks Welfare Fund Committee, by its Secretary , High Court Buildings, Chennai - 600 104.

5. Bar council of Tamil Nadu, rep. by its Secretary, High Court Buildings, Chennai - 600 104.

6. The Chairman, High Court Buildings, Chennai - 600104.

7. The Secretary to Government, Department of Law,

8. The Secretary to Government, Department of Home,

9. The Secretary to Government, Department of Finance, +1cc to Mr.S.Y.Masood, Advocate, S.R.No.86937 +1cc to M/s.S.Conscious Elango, Advocate, S.R.No.86508 +1cc to the Government Pleader, S.R.No.87468 (CO) srg(/07/2016) W.P. Nos. 29900 and 30623 of 2007 and M.P.Nos.1 and 1 of 2007