R.Balasubramanian v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.13326 of 2021 and W.M.P.No.14154 of 2021 R.Balasubramanian, Age 70 years, S/o.M.Ramaswamy Mudaliar, Plot No.87, Door No.43, Balaji Nagar Main Road, Kolathur, Chennai 600 099.

... Petitioner Vs

1. The Secretary Bar Council of Tamil Nadu & Puducherry, High Court Campus, Chennai 104.

2. Deputy Commissioner of Police, Flower Bazaar District, Greater Chennai Police.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records in notice given in Confl.No.1716/2021 dated 16.06.2021 in complaint No.170/2021 dated 12.05.2021 by the 1st Respondent on the Complaint of 2nd Respondent under Section 35 of Advocates' Act 1961 and quash the same.

For Petitioner : Mr.R.Balasubramanian (P-in-P) For Respondents : Mr.C.K.Chandrasekaran Standing counsel (for R1) Mr.J.C.Durairaj, Government Advocate (Crl.side) (for R2)

ORDER

(Order of the Court was passed by N.KIRUBAKARAN, J) An Advocate against whom a complaint has been given before the Bar Council of Tamil Nadu & Puducherry has come before this Court, challenging the proceedings initiated by the Bar Council of Tamil Nadu and Puducherry.

2.Heard Mr.R.Balasubramanian, who is appeared as party in person, Mr.C.K.Chandrasekaran, learned standing counsel appearing on behalf of the 1st Respondent and Mr.J.C.Durairaj, learned Government Advocate (Crl. side) appearing on behalf of the 2nd Respondent.

3.It is evident from the records that the Police officials, who went to execute the warrant issued by this Court against one Mr.P.R.Adhikesavan, who is also an Advocate, gave a complaint to the Chairman, Bar Council of Tamil Nadu and Puducherry on 13.04.2021 stating that the Police officials have been obstructed from discharging their statutory duties. Based on that complaint, notice was issued to the Petitioner on 16.06.2021 and reply was also received by the Bar Council of Tamil Nadu and Puducherry on 28.06.2021. Based on the documents, the general body which is to be convened on 30.07.2021 will decide about the action to be taken, either to drop the proceedings or to proceed based on the complaint. Therefore, the Bar Council of Tamil Nadu and Puducherry is directed to take a decision on 30.07.2021 with regard to the complaint made against the Petitioner.

4.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sai

To 1.

The Secretary Bar Council of Tamil Nadu & Puducherry, High Court Campus, Chennai 104.

2.

Deputy Commissioner of Police, Flower Bazaar District, Greater Chennai Police.

W.P.No.13326 of 2021 RLD(CO) CT/28/07/2021