T.Sivakumar v. The Bar Council Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and W.M.P.No.1752 of 2018 T.Sivakumar ... Petitioner Vs.
1.
The Bar Council of Tamilnadu and Puducherry, Represented by the Secretary, High Court Campus, Chennai - 600 104.
Mr.K.Sivaraj Vikrama Simhapuri University, Represented by its Registrar, Nellore.
4.
V.R.Law College, Represented by its Principal, Nellore.
[R3 & R4 are impleaded as per order dated 16.08.2018 by NKKJ & RPAJ in W.P.No.1383 of 2018] ... Respondents Page No.1 of 5
Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of certiorari, calling for the records pertaining to the order passed by the 1st respondent in T.N.E.C.R.No.27 of 2017 dated 27.11.2017 and quash the same.
For Petitioner : Ms.S.Iswarya for Mr.R.Diwakaran For R1 : Mr.C.K.Chandrasekar For R2 : Mr.B.Singaravelu for Mr.P.P.Shanmugasundaram For R3 & R4 : Mr.s.Sathish Rajan
O R D E R
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The interim prohibitory order prohibiting the writ petitioner from practicing as an Advocate in any court of law in T.N.E.C.R.No.27 of 2017 dated 27.112017 is under challenge in the present writ proceedings. Actions were initiated against the petitioner based on the complaint that he was enrolled as an Advocate before the Bar Council during the course of his employment, which is prohibited. Thus, the Bar Council initiated action based on the complaint and having found that there is a prima facie case, interim prohibitory order prohibiting the writ petitioner from Page No.2 of 5
practising as an Advocate was issued. The said interim prohibitory order is under challenge in the present writ proceedings. Since the issues on merits are to be adjudicated based on the pleadings and documents, this Court is not inclined to consider the grounds raised by the petitioner on merits. High Court cannot conduct a roving enquiry in such matters, where the original records are to be verified by the competent Committee constituted under the Act and the Rules. 4.
Mr.C.K.Chandrasekar, learned Counsel appearing on behalf of the first respondent/Bar Council would submit that the Enrollment Committee has to consider all the documents and the allegations by affording opportunity to the parties. Therefore, the complaint may be disposed of by the Enrollment Committee by following due process. 5.
In view of the fact that the interim prohibitory order is under challenge in the present writ petition, we are inclined to direct the Enrollment Committee to conduct an enquiry and pass final orders on merits and in accordance with law. Accordingly, the first respondent is directed to conduct Page No.3 of 5
an enquiry as contemplated and by affording opportunity to the parties, pass final orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. 6.
Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S.J.] [C.K.J.] 04.06.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.
The Bar Council of Tamilnadu and Puducherry, Represented by the Secretary, High Court Campus, Chennai - 600 104.
Vikrama Simhapuri University, Represented by its Registrar, Nellore.
V.R.Law College, Represented by its Principal, Nellore.
Page No.4 of 5
S.M.SUBRAMANIAM,J.
AND C.KUMARAPPAN,J.
veda Order in 04.06.2024 Page No.5 of 5