S.A.Bhimaraja v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.10418 of 2022 Mr.S.A.Bhimaraja, S/o.Thiru. Ayyanar Raja ... Petitioner Vs.

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

2. R.Mohan Ranganathan, Advocate, E.No. MS 409/1995 ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus,to call for the entire records pertaining to the resolution passed by the 1st respondent in resolution No.663/2021 dated 18.12.2021 and quash the same, consequentially direct the 1st respondent to refer and proceed with the Disciplinary Committee on the petitioner's Complaint No.102/2021 against the 2nd respondent, in accordance with the provisions under 35 of Advocates Act, 1961. Page Nos.1/4

For Petitioners : Mr.K.Mahalingam For Respondents: Mr.C.K.Chandrasekaar Standing Counsel [R1] Mr.Saaisudharsan Sathiyamoorthy [R2] (Change of vakalat not filed)

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM.J.,) This writ petition has been instituted challenging the resolution passed by the Bar Council of Tamil Nadu and Puducherry dropping Complaint No.102 of 2021.

2. The learned counsel for the petitioner would submit that the second respondent, who is a practising lawyer, has involved in land grabbing. Investigations by the police are in progress.

3. Despite serious allegations, Bar council of Tamil Nadu and Puducherry dropped the complaint by passing a resolution. However, an appeal would lie under Section 37 of the Advocates Act before the Bar Council of India. Exhausting the alternate remedy as contemplated under the Statute is paramount Page Nos.2/4

important. Adjudication of disputed facts are to be made both by the original authority and appellate authority in the present case since certain allegations alleging misconduct are made.

4. That being so, the writ petitioner is directed to prefer an appeal before Bar Council of India in the prescribed format by following the procedure as contemplated in the Statute. With the above observation, this writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[S.M.S., J.] [M.S.Q, J.] 23.09.2025 gpa Speaking order/ Non-speaking order Index : Yes/No To The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai - 600 104.

Page Nos.3/4

S.M.SUBRAMANIAM, J.

and MOHAMMED SHAFFIQ, J.

gpa 23.09.2025 Page Nos.4/4