S.Zakir Hussain, v. The Additional Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.33287 of 2015 & M.P.No.1 of 2015 S.Zakir Hussain, M/A 45, No.30, Alsa Mall Complex, 1st Floor, No.4, Montieth Road, Egmore, Chennai-600 008.

...Petitioner

Vs.

1.The Additional Commissioner of Customs, Customs House, No.60, Rajaji Salai, Chennai-600 001.

2.The Bar Council of Tamil Nadu, Chennai-600 104.

... Respondents Prayer:-Writ petition is filed under Article 226 of the Constitution of India praying to issue writ of certiorarified mandamus to call for the records relating to the complaint No.12 of 2014 on the file of the second respondent, quash the same and direct the second respondent not to proceed with the enquiring in complaint No.12 of 2014 pending termination of criminal proceedings in C.C.No.1863 of 2014 on the file of VII Metropolitan Magistrate, George Town, Chennai. For Petitioner : Mr.Alagirisamy, S.C., for Mr.G.Mohana Krishnan For Respondents : Mr.V.Sundareswaran for R1 Mrs.R.Srividhya for R2

ORDER

(Order of the Court was made by M.M.Sundresh,J.) The grievance of the petitioner appears to be that notwithstanding the reply given, a recording has been made as if it has not been given and accordingly, the impugned order proceeds further.

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2. The learned counsel appearing for the respondent fairly submits that if a fresh reply is given, the same would be considered and thereafter, the matter would be proceeded with. It is also submitted that the Disciplinary Committee will not proceed till the reply is considered and appropriate orders are passed.

3. Considering the above, the petitioner is at liberty to give a reply within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same, appropriate orders shall be passed within a period of four weeks thereafter. Depending upon the order, the role of the Disciplinary Committee would come into play.

4. The writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar raa To 1.The Additional Commissioner of Customs, Customs House, No.60, Rajaji Salai, Chennai-600 001.

2.The Bar Council of Tamil Nadu, Chennai-600 104.

+1cc to Mr.V.Sundreswaran,Advocate sr.25478 +1cc to M/s.M.Srividhya,Advocate sr.24844 W.P.No.33287 of 2015 sa1(co) ss(11/5/2017) https://hcservices.ecourts.gov.in/hcservices/