Aravindan.P v. Enrollment Committee Represented
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Aravindan.P
...Petitioner
Vs.
1. Enrollment Committee Represented By The Secretary, Bar Council Of Tamil Nadu And Puducherry, High Court Building, Chennai-600 104 2.The Secretary Bar Council Of Tamil Nadu And Puducherry, High Court Building, Chennai-600 104.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the second respondent to process the petitioner's application for enrolment dated 05.11.2024 for the upcoming enrollment or subsequent enrolment and enroll the petitioner's name as an advocate in the Bar Council of Tamil Nadu and Puducherry within the time to be fixed by this court. For Petitioner : Mr.K.Kempraj For Respondent : Mr.C.K.Chandrasekkar Standing Counsel
ORDER
M.S.RAMESH, J.
And N.SENTHILKUMAR, J.
This Writ Petition has been filed to direct the second respondent to process the petitioner's application for enrolment dated 05.11.2024 for the upcoming enrollment or subsequent enrolment and enroll the petitioner's name as an advocate in the Bar Council of Tamil Nadu and Puducherry within the time to be fixed by this court.
2. Learned counsel for the petitioner submitted that the petitioner had completed LLB degree (3 years course) in Government Law College, Trichy, which is affiliated to Dr.Ambedkar Law University, Chennai. Therefore, the petitioner made a representation dated 05.11.2024 to the respondents, seeking to enroll him as an advocate in the Bar Council of Tamil Nadu and Puducherry. Since the same has not been considered till date, the petitioner has come forward with this Writ Petition.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
5. In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the respondents to consider the representation of the petitioner dated 05.11.2024, seeking to enrol the petitioner as an advocate, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order and communicate the same to the petitioner.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu
6. With the above direction, this Writ Petition stands disposed of. No costs.
[M.S.R., J] [N.S., J] 07.04.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu To
1. Enrollment Committee Represented By The Secretary, Bar Council Of Tamil Nadu And Puducherry, High Court Building, Chennai-600 104 2.The Secretary Bar Council Of Tamil Nadu And Puducherry, High Court Building, Chennai-600 104.
3.The Public Prosecutor, Madras High Court.