D.Kamalakannan v. The Bar Council Of Tamilnadu And Puduchery

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Kamalakannan.D

...Petitioner

Vs.

Bar Council Of Tamil Nadu And Puducherry, Rep. By Its Secretary, High Court Campus, 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 respondent to consider the application dated 29.06.2024 for enrolling the petitioner as advocate within the time fixed by this Court. For Petitioner : Mr.R.Kannan For Respondent : Mr.C.K.Chandrasekar Standing Counsel

ORDER

M.S.RAMESH, J.

And N.SENTHILKUMAR, J.

This Writ Petition has been filed to direct the respondent to consider the application dated 29.06.2024 for enrolling the petitioner as advocate within the time fixed by this Court.

2. Learned counsel for the petitioner submitted that the petitioner studied High School Education in Government High School, Nandivaram in the year 1976, Pre-University Course in the year 1979 in SIVET College, Gowrivakkam, and B.A. degree in Government Quide Milleth College, Gowrivakkam in the year 1982 in regular course. Then, he joined the service of Central Cooperative Bank Ltd., and retired on 30.06.2017. Thereafter, he studied LLB 3 year degree course in regular in Shri Balaji College of Law, Bangaluru in the year 2018-2021 and got the law degree in June 2023 in Karnataka State Law University. Therefore, the petitioner filed an application for enrolment as advocate on 29.06.2024 before the respondent enclosing the educational certificates. 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

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

Anu respondent to consider the representation of the petitioner dated 29.06.2024, 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 30 days from the date of receipt of a copy of this order and communicate the same to the petitioner.

6. With the above direction, this Writ Petition stands disposed of. No costs.

[M.S.R., J] [N.S., J] 04.04.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu To The Bar Council Of Tamil Nadu And Puducherry, Rep. By Its Secretary, High Court Campus, Chennai 600 104.