Madras High CourtWP/11232/2016allowed

Y.Antony Jyothi Sheeran v. Bar Council Of Tamilnadu And

2016-04-25Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice V. Ramasubramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2016

CORAM:

THE HON'BLE MR.JUSTICE V.RAMASUBRAMANIAN AND THE HON'BLE MR.JUSTICE K.RAVICHANDRA BAABU Writ Petition No.11232 of 2016 and W.M.P.No.9742 of 2016 Y.Antony Jyothi Sheeran ... Petitioner

Versus

1. Bar Council of Tamilnadu and Puducherry, rep. by its Secretary, High Court Campus, Chennai-104.

2. Bar Council of India, rep. by its Secretary, No.21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi - 110 002.

3. Karnataka State Bar Council, Secretary, Old K.G.I.D. Building, Dr.Ambedkar Veedhi, Bangalore - 560 001.

... Respondents Writ Petition filed under Article 226 of constitution of India for the issue of a Writ of Certiorari to call for the records on the file of the first respondent in ROC 650 and 652 of 2016 dated 11.2.2016 and quash the same as illegal, incompetent, irregular, unconstitutional and without Jurisdiction.

For Petitioner :

Mr.V.Lakshminarayanan For Respondent-1 & 3 :

Mr.R.Singaravelan, Senior Counsel For Respondent-2 :

Mr.S.R.Rajagopal

ORDER

(Delivered by V.RAMASUBRAMANIAN,J) The petitioner has come up with the above writ petition challenging an order issued by the Chairman of the Bar Council of Tamil Nadu and Puducherry, prohibiting him from practising as Advocate in any Court until the conclusion of the disciplinary proceedings and also the initiation of disciplinary proceedings.

2. We have heard Mr.V.Lakshminarayanan, learned counsel for the petitioner, Mr.R.Singaravelan, learned Senior Counsel appearing for the respondents 1 and 3 and Mr.S.R.Rajagopal, learned counsel appearing for the second respondent.

3. By an order dated 21.3.2016, passed in W.P.Nos. 499 to 502 of 2016, we directed the revocation of suspension of 7 advocates, against whom allegations were made arising out of the very same incident. It appears from the allegations that the case of the petitioner falls under the first category, where the ailment afflicting him can be cured with medicines. Though it is brought to our notice that the petitioners in W.P.Nos. 499 to 502 of 2016, do not appear to have got cured despite our order and they seem to have now taken up the matter with the Disciplinary Committee to drop the proceedings, we are of the considered view that the case of the petitioner can be considered sympathetically.

4. Therefore, the writ petition is allowed, directing the Bar Council to revoke the suspension of the petitioner. However, as we have stated in the previous order, any attempt to protract the proceedings may be viewed as an effort to take undue advantage of this order. This holds good for the petitioners in those writ petition as we have made it clear in the last paragraph of our order. No costs. Consequently, W.M.P.No.9742 of 2016 is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gr.

1. The Secretary, Bar Council of Tamilnadu and Puducherry, High Court Campus, Chennai-104.

2. The Secretary, Bar Council of India, No.21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi - 110 002.

3. The Secretary, Karnataka State Bar Council, Old K.G.I.D. Building, Dr.Ambedkar Veedhi, Bangalore - 560 001.

+1cc to Mr.V.Raghavachari, Advocate, S.R.No.25559 +1cc to Mr.S.R.Rajagopal, Advocate, S.R.No.25689 +1cc to Mr.M.Srividhya, Advocate, S.R.No.25763 W.P.No. 11232 of 2016 RSY(CO) CA(05/05/2016)