K.N.Prakash Narayanan v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Writ Petition No. 10310 of 2023 and WMP.No.10286 of 2023 K.N.Prakash Narayanan .. Petitioner

Versus

1. The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai 600 104.

2. The Chairperson, Enrolment Committee, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai 600 104.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to enrol the petitioner as an Advocate on the roll of the Bar Council of Tamil Nadu and Puducherry vide Enrolment Application No.PR1216454 dated 12.10.2021. For Petitioner :

Mr.K.Mahalingam For Respondents :

Mr.C.K.Chandrasekkaran 1/5

ORDER

(Order of the Court was made by R. MAHADEVAN, J.) The prayer made in this writ petition is to issue a Writ of Mandamus, directing the respondents to enroll the petitioner as an Advocate in the Bar Council of Tamil Nadu and Puducherry, based on his application bearing No.PR1216454 dated 12.10.2021.

2.

It is the case of the petitioner that after completion of law degree, he made on-line application seeking to enroll him as an Advocate, before the Bar Council of Tamil Nadu and Puducherry, enclosing all the relevant certificates and undertaking affidavits and paid the enrolment fees of Rs.65,311.49 on 31.08.2021 through HDFC Bank Credit Card. Since the payment was not accepted on that day, his application has not been received, which compelled the petitioner to make another application on 05.09.2021 and also paid a sum of Rs.64,129.50 through Online, which was accepted. According to the petitioner, the payment was debited twice and hence, he gave a requisition to the first respondent on 13.09.2021 for refund of the payment made. On receipt of the same, the respondent authorities refunded a sum of Rs.59,900/- to the petitioner vide two Cheques bearing Nos.527395 and 221459 dated 21.12.2021 for Rs.500/- and Rs.59,350/- respectively, and 2/5

agreed to refund the balance amount of Rs.4,229/-, but the same was not refuned till date. After completion of the verification of the certificates, the petitioner appeared before the second respondent committee on 19.09.2022. However, his name was not published in the list of candidates for enrolment. Thereafter, the petitioner submitted a representation dated 31.01.2021 followed by reminder dated 20.02.2023 requesting to process his on-line application seeking enrolment as well as refund of the excess amount, but the same was not considered till date. Hence, the petitioner is before this court with the present writ petition for the aforesaid relief. 3.

The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the respondents to consider the petitioner's representation dated 20.02.2023, 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. 4.

Considering the limited nature of the relief sought for by the petitioner, without expressing any opinion on the merits of the case, there shall be a direction to the respondents to consider the petitioner's representation dated 20.02.2023 and pass appropriate orders, on merits and in accordance 3/5

with law, after affording an opportunity of personal hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. 5.

With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [M.S.Q., J.] 24.04.2023 Index : Yes / No Internet : Yes / No av To

1. The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai 600 104.

2. The Chairperson, Enrolment Committee, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai 600 104.

4/5

R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

av Writ Petition No. 10310 of 2023 and WMP.No.10286 of 2023 24.04.2023 5/5