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Madras High CourtWP/13057/2021disposed of

Mr.N.Raman, v. The Secretary,

2021-12-06Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.13057 OF 2021 N.Raman ... Petitioner .Vs.

1. The Secretary, Bar Council of India, 21, Rouge Avenue Institutional Area, New Delhi - 110 002.

2. The Bar Council of Karnataka, Old Election Commission Building, Dr.Ambedkar Road, Bengaluru - 560 001.

3. The Bar Council of Tamil Nadu & Puducherry, Bar Council Building, High Court Campus, Chennai - 600 104.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to consider the representation made by the petitioner through letter dated 03.10.2018 respectfully and subsequently direct the 3rd respondent to include the petitioner's name in their advocate roll.

For Petitioner : Ms.M.Rithika For M/s.Nathan and Associates For Respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

The petitioner has filed this writ petition for the issuance of writ of Mandamus directing the 3rd respondent to consider the representation made by the petitioner through letter dated 03.10.2018 respectfully and subsequently direct the

3rd respondent to include the petitioner's name in their advocate roll.

2. The case of the petitioner is that the petitioner is an advocate by profession and have helped various poor litigants to meet the needs of justice and right from the initial days of practice, he has been lauded for dedication towards the profession. When such being the position, the petitioner had conceived idea of settling in Tamil Nadu in order to continue practicing in the courts of Tamil Nadu and in pursuance of which, the petitioner had made representation before the Secretary of Bar Council of India on 30.04.2008 requesting to transfer his name from the advocate rolls of Karnataka Bar council to the rolls of Tamil Nadu Bar Council. The 1st respondent through a letter dated 25.06.2010 called for submission of attested copies of educational certificates.

The petitioner upon receiving the aforesaid letter, had submitted the requested documents before the 1st respondent on 12.06.2013. However the 1st respondent failed to consider the same without any reasons, which constrained the petitioner to sent another representation dated 27.06.2016 to the 1st respondent. After two long years of travail, the 1st respondent had passed an resolution dated 17.02.2018, 18.02.2018 and passed an order dated 27.02.2018, directing to transfer the petitioner's name from the rolls of the 2nd respondent to the rolls of the 3rd respondent.

In the said order, a condition was imposed by the 1st respondent that the said transfer would take effect if and only if the certificate of enrolment is returned to the 2nd respondent, however the said condition was not informed to the petitioner and thereby he was under an impression that there was inaction from the side of the 1st respondent, which again constrained the petitioner to send another representation before the 1st respondent on 03.03.2018 and thereafter immediately submitted his certificate of enrolment to the 2nd respondent, which was duly acknowledged by the 2nd respondent and also addressed the same to the 3rd respondent, but till date the 3rd respondent has failed to act in pursuance of the same. Since there was no effect of the said transfer order, the petitioner was constrained to send a representation dated 03.10.

2018 to the 3rd respondent, so also another representation to the 1st respondent on 14.06.2019, however, there was no reply from the side of the respondents 1 and 3. Therefore, the petitioner is before this Court by way of this Writ Petition.

3. The learned counsel appearing for the petitioner submitted that as per Section 18 of the Advocates Act, 1961, any person whose name is entered as an advocate on the roll of any State Bar Council may make an application in the prescribed form to the Bar Council of India for the transfer of his name from the roll of that State Bar Council to the roll of any other

State Bar Council and, on receipt of any such application the Bar Council of India shall direct that the name of such person shall without the payment of any fee, be removed from the roll of the first mentioned State Bar council and entered in the roll of the other State Bar Council and the State Bar Council concerned. In compliance of the said provision, the petitioner has made application before the 1st respondent, who passed an order directing to transfer the name of the petitioner from the rolls of the 2nd respondent to the rolls of the 3rd respondent. However, the said order has not been complied in letter and spirit. Hence, the petitioner has sent representations to the respondents 2 and 3, however till date no action or whatsoever has taken on the said representations. Hence prays for appropriate orders.

4. Since no adverse orders are passed against the respondents, notice to them are dispensed with and further this Court is inclined to dispose of the matter with the available materials.

5. In compliance of the Section 18 of the said Act, as contemplated, the petitioner has made the application in the prescribed form to the Bar Council of India for transfer of his name from the roll of the Karnataka Bar Council to the roll of the Tamil Nadu Bar Council before the 1st respondent, who also passed an order of transfer. Now the only claim of the petitioner is that the order of transfer has not been implemented till date. Therefore, this Court considering the above facts and circumstances is inclined to issue the following direction.

6. In view of the limited prayer sought for by the petitioner to implement the order of the 1st respondent, this Court issues direction to the respondents to implement the order of the 1st respondent dated 27.02.2018 bearing No.BCI:D:942/2018 (Council/Transfer), within a period of six weeks from the date of receipt of a copy of this order.

7. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sk

To 1.

The Secretary, Bar Council of India, 21, Rouge Avenue Institutional Area, New Delhi - 110 002.

2.

The Bar Council of Karnataka, Old Election Commission Building, Dr.Ambedkar Road, Bengaluru - 560 001.

3.

The Bar Council of Tamil Nadu & Puducherry Bar Council Building, High Court Campus, Chennai - 600 104.

+1cc to M/s.Nathan and Associates, Advocate, S.R.No.64406 W.P.NO.13057 OF 2021 SSI(CO) PBS/28/01/2022