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Madras High CourtWP/22271/2015allowed

A.Elangovan v. The Bar Council Of Tamil Nadu

2015-07-29Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice V. Ramasubramanian2 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.7.2015

CORAM

THE HONBLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.22271 of 2015 A.Elangovan ..

Petitioner Vs.

The Bar Council of Tamil Nadu Puducherry, through its Secretary High Court Campus Chennai.

..

Respondent Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondent to admit the petitioner for enrolment as an Advocate and enter his name in the rolls of Bar Council of Tamil Nadu and Puducherry. For Petitioner : Mr.R.Vasudevan 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 entertained by the Bar Council on account of the pendency of criminal cases, has come up with the above writ petition.

2. Heard Mr.R.Vasudevan, learned counsel for the petitioner and Mr.S.Y.Masood, learned counsel for the respondent.

3. Admittedly, there were three criminal complaints in Crime Nos.834 of 2011, 161 of 2013 and 11 of 2010 lodged against the petitioner. In the first and third cases, the petitioner was acquitted. The second case was closed, as further action dropped. However, the petitioner has not disclosed the pendency of the criminal cases in his application form for enrolment. Therefore, the application of the petitioner was not entertained 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/- Assistant Registrar True Copy Sub Assistant Registrar kpl To The Secretary, Bar Council of Tamil Nadu & Puducherry High Court Campus, Chennai.

1 cc to Mr.Sy.Masood , Advocate Sr.No.39051 W.P.No.22271 of 2015.

kpl(co) pmk.5.8.2015 https://hcservices.ecourts.gov.in/hcservices/