D.Muthukumar v. The Bar Council Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD D.Muthukumar .. Petitioner

Versus

The Bar Council of Tamilnadu and Puducherry, Rep.by its Secretary, High Court Campus, Chennai - 104.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to process the petitioner's application dated 13.04.2022 and admit him for enrollment as an Advocate before the Bar Council of Tamilnadu and Puducherry. For Petitioner :

Mr.M.Gnanasekar For Respondent :

Mr.C.K.Chandrasekaran

ORDER

(Order of the Court was made by R. MAHADEVAN, J.) Heard Mr.M.Gnanasekar, learned counsel for the petitioner and Mr.C.K.Chandrasekaran, learned counsel appearing for the respondent. 1/4

2.The relief sought in this Writ Petition is to issue a writ of mandamus directing the respondent to process the petitioner's application dated 13.04.2022 and admit him for enrollment as an Advocate before the Bar Council of Tamilnadu and Puducherry.

3.According to the petitioner, he has completed LLB degree during February, 2022 and made on-line application on 13.04.2022 seeking to enroll him as an Advocate, before the Bar Council of Tamil Nadu and Puducherry, enclosing the relevant certificates and undertaking affidavits. However, his name was not published in the list of candidates for enrolment and on enquiry, he came to know that his application was withheld by the respondent, citing pendency of a criminal case in Crime No.84/2016, against him. Aggrieved by the same, the petitioner is before this court with the present writ petition. 4.The learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been falsely implicated in the criminal case, however, due to pendency of the same, his application seeking enrolment as an Advocate, has not been processed till date. However, the learned counsel submitted that it would suffice, if a direction is issued to the respondent, to 2/4

consider the petitioner's online application dated 13.04.2022, on merits and in accordance with law, within a time frame to be stipulated by this court, for which, the learned counsel appearing for the respondents has no serious objection.

5.Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the claim made by the petitioner, there shall be a direction to the respondent to consider the petitioner's application, dated 13.04.2022 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs. [R.M.D., J.] [J.S.N.P., J.] 08.12.2022 Index : Yes / No Internet : Yes / No av 3/4

R. MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

av To The Secretary, The Bar Council of Tamilnadu and Puducherry, High Court Campus, Chennai - 104.

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