S.A.Dhakshinamurthy v. The Bar Council Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR S.A.Dhakshinamurthy ... Petitioner Vs.

1. The Bar Council of India, 21, Rouse Ave Institutional Area Rd, Near Bal Bhawan, Rouse Avenue, Mata Sundari Railway Colony, Mandi House, New Delhi - 110 002.

2. The Secretary, Bar Council of Tamil Nadu & Puducherry, Madras High Court, Chennai - 600 104.

3. The Chairperson, Enrollment Committee, Bar Council of Tamil Nadu & Puducherry, Madras High Court, Chennai - 600 104.

.... Respondents

Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondent, the Bar Council of Tamil Nadu & Puducherry, to consider the petitioner's application in PR/2023/5584 for enrollment dated 15.11.2023 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.Babu Rangasamy Associates For Respondent : Mr.C.K.Chandrasekar Nos.2 & 3 Standing Counsel - - - - -

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The present Writ Petition is filed for the issuance of a Writ of Mandamus, to direct the respondent/Bar Council of Tamil Nadu & Puducherry, to consider the petitioner's application in PR/2023/5584 for enrollment, dated 15.11.2023, within a stipulated time that may be fixed by this Court.

2. The petitioner states that he retired from M/s.Hindustan Petroleum Corporation Ltd., Mumbai, w.e.f. 30.11.2022 and even prior to the joining in M/s.HPCL, he joined L.L.B (Special) three years course in the year 1986 in Sir L.A. Shah Law College, Ahmedabad under Gujarat University and completed the course in the month of May, 1990.

3. The petitioner further states that after joining M/s.HPCL, he was allowed to complete the course without affecting the office hours and without prejudice to the employment and he completed his L.L.B. Course in the year 1990, but, did not enroll as an Advocate in any Bar Council in view of his employment. Thereafter, he was promoted as Law Officer in May, 1995, considering his L.L.B. qualification.

4. The petitioner further states that he retired from service in the month of November, 2022, as General Manager-Legal, Head Office, Mumbai. Thereafter, he applied for his enrolment as an Advocate before the Bar Council of Tamil Nadu and Puducherry on 15.11.2023 by paying a sum of Rs.75,818/-.

5. The petitioner further states that he was asked to appear before the Enrollment Committee on two occasions i.e. on 14.08.2024 and 30.01.2025 and he also appeared before the Enrollment Committee. However, the respondent/Bar Council of Tamil Nadu and Puducherry has not considered his application till date. Hence, the present Writ Petition is filed.

6. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for respondent Nos.2 and 3.

7. This Court, without going into the merits of the case, directs the respondent/Bar Council of Tamil Nadu & Puducherry, to consider the petitioner's application in PR/2023/5584 for enrollment, dated 15.11.2023, within a period of three (3) months from the date of receipt of a copy of this order and communicate the same to the petitioner.

8. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

(M.S.RAMESH, J.) (N.SENTHILKUMAR,J.) 03-04-2025 ASI To

1. The Bar Council of India, 21, Rouse Ave Institutional Area Rd, Near Bal Bhawan, Rouse Avenue, Mata Sundari Railway Colony, Mandi House, New Delhi - 110 002.

2. The Secretary, Bar Council of Tamil Nadu & Puducherry, Madras High Court, Chennai - 600 104.

3. The Chairperson, Enrollment Committee, Bar Council of Tamil Nadu & Puducherry, Madras High Court, Chennai - 600 104.

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

ASI 03.04.2025