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Madras High CourtWP/22263/2015allowed

S.Ganesan v. The Chairman

2015-08-05Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice V. Ramasubramanian2 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.8.2015

CORAM

THE HONBLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.22263 of 2015 S.Ganesan ..

Petitioner Vs.

The Chairman Bar Council of Tamil Nadu Chennai.

..

Respondent Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondent to enroll the name of the petitioner before the Bar Council of Tamil Nadu, Chennai, as an Advocate.

For Petitioner : Mr.A.G.Rajan For Respondent : Mr.S.Y.Masood

O R D E R

(Made by V.Ramasubramanian,J) The petitioner, whose application for enrolment as an Advocate was not rejected by the Bar Council on account of the pendency of criminal case, has come up with the above writ petition.

2. Heard Mr.A.G.Rajan, learned counsel for the petitioner and Mr.S.Y.Masood, learned counsel for the respondent.

3. Admittedly, there was a criminal complaint pending in C.C.No.243 of 2010 on the file of Judicial Magistrate Court, Sankarankoil against the petitioner. On 09.4.2015, the petitioner was acquitted. However, the petitioner has not disclosed the pendency of the criminal case in his application form for enrolment. Therefore, the application of the petitioner was rejected by the Bar Council.

4. Contending that no criminal case is pending against him and therefore, there is no bar for entertaining his application for enrolment, the petitioner has come up with the above writ petition. https://hcservices.ecourts.gov.in/hcservices/

5. Admittedly, no complaint is actually pending against the petitioner as on today. Hence, there is no impediment for the admission of the petitioner for enrolment. Therefore, the writ petition is allowed directing the respondent to process the application of the petitioner in accordance with law and admit him for enrolment if all other qualifications are satisfied and certificates are in order. There shall be no order as to costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar kpl To The Chairman Bar Council of Tamil Nadu Chennai.

+1 cc to Mr.A.G.Rajan, Advocate, sr.40563 +1 cc to Mr.S.Y.Masood, Advocate, sr.40691 W.P.No.22263 of 2015.

sk(co) kra(13/08) https://hcservices.ecourts.gov.in/hcservices/