S.Subash v. The Bar Council Of Tamilnadu And Puducherry,

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 S.Subash .. Petitioner

Versus

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

2. The Enrollment Committee, Rep. by its Chairperson, Bar Council of Tamilnadu & Puducherry, Madras High Court Campus, Chennai - 104.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to enroll the petitioner as an advocate on the Roll of the Bar Council of Tamilnadu and Puducherry, within the time limit to be stipulated by this Court. 1/5

For Petitioner :

Mr.M.Vijayaragavan For Respondents :

Mr.C.K.Chandrasekaran

ORDER

(Order of the Court was made by R. MAHADEVAN, J.) Heard Mr.M.Vijayaragavan, learned counsel for the petitioner and Mr.C.K.Chandrasekaran, learned counsel appearing for the respondents. 2.This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to enroll the petitioner as an Advocate in the Bar Council of Tamil Nadu and Puducherry, within a time frame to be stipulated by this court.

3.According to the petitioner, he has completed 5 years B.A., B.L., integrated course in the year 2021 and made application on 19.07.2021 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 2/5

on enquiry, he came to know that his application was withheld by the respondents 1 and 2, citing pendency of a criminal case in Crime No.262 of 2013, against him. Feeling aggrieved, the petitioner is before this court with the present writ petition.

4. The learned counsel for the petitioner submitted that due to wordy quarrel between the petitioner's father and one Maran, the criminal case in Cr.No.262 of 2013 came to be registered by the Inspector of Police, Perur Police Station, Coimbatore District and that, the petitioner has been falsely implicated in the case and he has nothing to do with the alleged offence and hence, he is eligible to get enrolled as an Advocate. However, the learned counsel submitted that the petitioner would be satisfied, if a direction is issued to the respondents to consider his application dated 19.07.2021, on merits and in accordance with law, 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 respondents 1 and 2 to consider the petitioner's 3/5

application, dated 19.07.2021 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 To

1. The Secretary, The Bar Council of Tamilnadu & Puducherry, Madras High Court Campus, Chennai - 104.

2. The Chairperson, The Enrollment Committee, Bar Council of Tamilnadu & Puducherry, Madras High Court Campus, Chennai - 104.

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R. MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

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