N. Velusamy v. The Bar Council Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2025

CORAM:

THE HON'BLE MR.JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and W.M.P.Nos.32992 & 32993 of 2017 N.Velusamy

...Petitioner

Vs 1.The Bar Council of India, Rep. By its Secretary, No.21, Rouse Avenue Institutional Area, Near Bal Bhavan, New Delhi.

2.The Bar Council of Tamil Nadu & Puducherry, Rep. By its Secretary, Chennai - 600 104.

3.The T.N.Dr.Ambedkar Law University, Rep. By its Registrar, No.5, Poompozhil, Greenways Road, Chennai - 600 028.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records in Resolution No.184 of 2017 dated 09.11.2017 passed by the second respondent and quash the same and all consequential acts done in furtherance thereof. 1/4

For Petitioner : Mr.T.Nirmaleswar For R1 : Mr.S.R.Raghnathan For R2 : Mr.C.K.Chandrasekar

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The order impugned in this Writ Petition is a resolution of the Special Committee of the Bar Council of Tamil Nadu and Puducherry, resolving to pass interim prohibitory order, prohibiting the petitioner from practicing in any Court of law, pending disposal of issuance of a show cause notice for removal of the petitioner's name from the roll.

2. At the outset, it requires to be pointed out that unless and until the resolution of the Bar Council of India culminates into a show cause notice, the petitioner cannot challenge the resolution. As such, the Writ Petition itself is not maintainable. However, the learned counsel for the petitioner submitted that the petitioner may be granted liberty to submit his explanation to the contemplated show cause notice.

3. In consideration of the said request of the learned counsel for the petitioner, the following orders are passed:- 2/4

(i) The Bar Council of Tamil Nadu and Puducherry is at liberty to issue a show cause notice under Section 26(1) of the Advocates Act, within a period of three months from the date of receipt of a copy of this order. (ii) On receipt of the show cause notice, the petitioner shall give his response, within a period of 30 days from the date of receipt of the show cause notice.

4. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (M.S.R.,J.) (N.S.,J.) 04.03.2025 Index:Yes/No Speaking order/Non-Speaking Order hvk To 1.The Secretary, Bar Council of India, No.21, Rouse Avenue Institutional Area, Near Bal Bhavan, New Delhi.

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

3.The Registrar, T.N.Dr.Ambedkar Law University, No.5, Poompozhil, Greenways Road, Chennai - 600 028.

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M.S.RAMESH,J.

AND N.SENTHILKUMAR,J.

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