S.J.Johnson v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.A.Johnson .. Petitioner

Versus

1. The Secretary, Enrolment Committee, Bar Council of Tamilnadu and Puducherry, Madras High Court Campus, Chennai - 600 104.

2. The Chairman, Bar Council of Tamilnadu and Puducherry, Madras High Court Campus, Chennai - 600 104.

3. Inspector of Police, Peerkankaranai Police Station, St. Thomas Mount District, Chennai. .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to enroll the petitioner as an Advocate in the role of Bar Council of Tamil Nadu and Puducherry within the time frame as fixed by this Court.

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For Petitioner : Mr.A.Sundaravadhanan For R1 & R2 :

Mr.C.K.Chandrasekaran For R3 : Mr.S.Sugendran, APP

ORDER

(Order of the Court was made by R. MAHADEVAN, J.) Heard Mr.A.Sundaravadhanan, learned counsel for the petitioner and Mr.C.K.Chandrasekaran, learned counsel appearing for the respondents 1 and 2. 2.The relief sought in this Writ Petition is to issue a writ of mandamus directing the first respondent to enrol the petitioner as an Advocate on the role of the Bar Council of Tamil Nadu and Puducherry. 3.According to the petitioner, he has completed B.A.B.L degree and made on-line application on 07.09.2019 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 respondents, citing pendency of a criminal case in Crime 2/5

No.932/2018, against him. Thereafter, the petitioner submitted a representation dated 27.07.2021 requesting to process his on line application seeking enrolment, which was not considered till date. Therefore, 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, due to which, 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 first respondent, to consider the petitioner's representation dated 27.07.2021, 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 first respondent to consider the petitioner's representation dated 27.07.2021 and pass appropriate orders, on merits and in 3/5

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.] 14.12.2022 Index : Yes / No Internet : Yes / No av To

1. The Secretary, Enrolment Committee, Bar Council of Tamilnadu and Puducherry, Madras High Court Campus, Chennai - 600 104.

2. The Chairman, Bar Council of Tamilnadu and Puducherry, Madras High Court Campus, Chennai - 600 104.

3. Inspector of Police, Peerkankaranai Police Station, St. Thomas Mount District, Chennai.

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R. MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

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