Kst Vimal v. The Bar Council Of Tamil Nadu And Pondicherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.09.2023
CORAM
THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ KST Vimal .. Petitioner Vs.
1.The Bar Council of Tamil Nadu and Puducherry Rep. by its Secretary Madras High Court Campus Chennai 600 104 2.The Chairperson Enrollment Committee Bar Council of Tamil Nadu and Puducherry Madras High Court Campus, Chennai 600 104 3.State rep. by The Deputy Superintendent of Police O/o.The Deputy Superintendent of Police Perambalur, Perambalur District 4.The Inspector of Police Perambalur Police Station Perambalur District .. Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents 1 and 2 to process the petitioner's application No.PR/2023/19559 dated 10.07.2023 for enrolment as an Advocate and enroll the petitioner as Advocate by considering the petitioner's representation dated 11.09.2023 within a time frame fixed by this Court. For Petitioner : Mr.I.Abdul Basith For R1 & R2 : Mr.C.K.Chandrasekar For R3 : Mr.C.E.Pratap Government Advocate (Crl. Side)
ORDER
(Order of the court was made by R. MAHADEVAN, J.) This writ petition has been filed seeking a direction to the respondents 1 and 2 to consider the petitioner's representation dated 11.09.2023, thereby allowing him to enroll as an advocate before the Bar Council of Tamil Nadu and Puducherry.
2. It is the case of the petitioner that after completion of law degree, he submitted an application seeking enrollment as an Advocate, before the Bar Council of Tamil Nadu and Puducherry, enclosing all the requisite documents on 10.07.2023. However, the said application was pending without any 2/6
consideration. On enquiry with the office of the 1st respondent, the petitioner came to know that his application for enrollment was withheld by the respondents, due to the pendency of the case in Perambalur P.S. Cr.No.1524 of 2021 registered for the alleged offences u/s.294(b), 323, 324, 341, 506(II) and Sections 3(1)(r) and 3(1)(s) of the SC/ST (POA) Act, 1989. Therefore, the petitioner submitted a representation dated 11.09.2023, requesting to consider his application seeking enrollment, stating that after enquiry, final report was filed before the Special Court for SC/ST Act, Perambalur, and the same was also taken on file as Spl.S.C.No.8 of 2022, challenging which, the petitioner filed Crl.O.P.No.19312 of 2023 u/s.482 Cr.P.C., in which, an order of interim stay was granted by the learned Judge, by order dated 30.08.2023. Since his representation was not considered till date, the petitioner is before this court with the present writ petition for the aforesaid relief.
3. Today, when the matter was taken up for consideration, the learned counsel taking notice for the respondents 1 and 2, submitted that the respondent authorities would consider the representation of the petitioner and pass appropriate orders, on merits, within a time frame to be stipulated by this court. 3/6
4. In view of the above, without expressing any opinion on the merits of the case, there shall be a direction to the respondents 1 and 2 to consider the petitioner's representation dated 11.09.2023 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of. No costs.
[R.M.D,J.] [M.S.Q, J.] 21.09.2023 gya To 1.The Secretary Bar Council of Tamil Nadu and Puducherry Madras High Court Campus Chennai 600 104 2.The Chairperson Enrollment Committee Bar Council of Tamil Nadu and Puducherry Madras High Court Campus Chennai 600 104 3.The Deputy Superintendent of Police O/o.The Deputy Superintendent of Police Perambalur, Perambalur District 4/6
4.The Inspector of Police Perambalur Police Station Perambalur District 5/6
R. MAHADEVAN, J.
AND MOHAMMED SHAFFIQ, J.
gya 21.09.2023 6/6