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Madras High CourtWP/9598/2024dismissed

K.Ramachandran v. Bar Council Of Tamilnadu

2024-06-25Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2024 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN K.Ramachandran .. Petitioner Vs

1. Bar Council of Tamil Nadu and Puducherry, Rep. by its Secretary, Gate No.4, High Court Campus, N.S.C.Bose Road, Chennai 600 104.

2. The Registrar, Disciplinary Committee, Bar Council of Tamil Nadu and Puducherry, Gate No.4, High Court Campus, N.S.C.Bose Road, Chennai 600 104.

3. M.Anandakumar, Advocate

4. A.Latchoumicandane, Advocate

5. R.Poonarasan, Advocate .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in his proceeding dated 01.07.2023 vide D.C.C. No. 49 of 2023 and quash the same and consequentially to direct the respondents 1 and 2 to take appropriate legal action

against the respondents 3 to 5 within the stipulated time prescribed by this Hon'ble Court and to direct the 2nd Respondent to recall the order regarding the costs of Rs.5,000/-.

For the Petitioner : Mrs.R.Kalaiyarasi For the Respondents : Mr.M.R.Jothimanian Standing Counsel

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order passed by the Disciplinary Committee of the Bar Council of Tamil Nadu and Puducherry in D.C.C.No.49 of 2023 dismissing the complaint preferred by the petitioner is under challenge in the present writ petition.

2. An appeal is contemplated under Section 37 of the Advocates Act, 1961. Accordingly, the petitioner has to prefer an appeal to the Bar Council of India challenging the order passed in D.C.C.No.49 of 2023. Adjudication of disputed facts is to be made by the appellate forum in the manner known to law.

3. By granting liberty to the writ petitioner to prefer an appeal, the present writ petition stands dismissed. No costs. (S.M.S., J.) (C.K., J.) 25.06.2024 Index :

Yes NC :

Yes/No sra To

1. The Secretary, Bar Council of Tamil Nadu and Puducherry, Gate No.4, High Court Campus, N.S.C.Bose Road, Chennai 600 104.

2. The Registrar, Disciplinary Committee, Bar Council of Tamil Nadu and Puducherry, Gate No.4, High Court Campus, N.S.C.Bose Road, Chennai 600 104.

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN,J.

(sra) 25.06.2024