Madras High CourtWP/28860/2013disposed of

R.Suganya, v. Bar Council Of Tamilnadu,

2024-06-06Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE C.KUMARAPPAN R.Suganya ... Petitioner Vs.

1. Bar Council Of Tamilnadu, Represented By Its Secretary, High Court Campus, Chennai-600 104

2. K.M.Nalinishree, C-3, III Floor, Lakshi Apts., New No.2, 4th Main Road, K.B.Nagar, Adyar, Chennai-600 020.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records in so far as it relates to Resolution No.87/2013 dated 06/07/2013 sent along with a covering letter no.Confl.No.1112/2013 dated 27/08/213, quash the Resolution No.87/2013 dated 06/07/2013 and consequently direct the 1st respondent to refer the complaint No.77/2012 of the petitioner for an enquiry by an appropriate Disciplinary Committee Constituted by the first respondent in accordance with law.

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For Petitioner :

Mr.N.Ramesh For Respondents :

Mr.C.K.Chandrasekar (for R1) No Appearance (for R2)

O R D E R

(Order of the Court was delivered by S.M.Subramaniam J.) The resolution passed by the Bar Council of Tamil Nadu, rejecting the complaint filed by the writ petitioner against the second respondent, is under challenge in the present writ petition.

2. The impugned resolution passed by the Bar Council of Tamil Nadu would reveal that the petitioner has not established Advocate-Client relationship in the complaint. Therefore, the complaint was rejected as "No prima facie case has been made out".

3. Against the resolution passed by the Bar Council of Tamil Nadu, a revision is provided under Section 48A of the Advocates Act to the Bar Council of India. If at all, the petitioner is in a position to establish AdvocateClient relationship existed between the petitioner and the second respondent, 2/4

then the same may be established by way of filing a revision petition before the Bar Council of India.

4. With this liberty, the writ petition stands disposed of. No costs. (S.M.S.J.,) (C.K.J.,) 06.06.2024 Index : Yes/No Speaking order/Non-Speaking order (sha) To

1. Bar Council Of Tamilnadu, Represented By Its Secretary, High Court Campus, Chennai-600 104

2. K.M.Nalinishree, C-3, III Floor, Lakshi Apts., New No.2, 4th Main Road, K.B.Nagar, Adyar, Chennai-600 020.

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S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

(sha) 06.06.2024 4/4