B.Baskar v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.06.2022 Coram:

The Hon'ble Mr.Justice R.MAHADEVAN and The Hon'ble Mr.Justice MOHAMMED SHAFFIQ W.P.No.28753 of 2019 B.Baskar

...Petitioner

Versus

1.The Chairman, The Bar Council of Tamil Nadu and Pondicherry, Chennai.

2.The Secretary, The Bar Council of Tamil Nadu and Pondicherry, Chennai.

3.A.AnandaRaman

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 02.07.2019.

For Petitioner :

Mr.P.Muthamizh Selvakumar For Respondents - 1 & 2 :

Mr.M.R.Jothimanian Respondents - 3 :

Mr.K.N.Nataraj

ORDER

(Order of the Court was delivered by R.MAHADEVAN, J.) The relief sought by the petitioner in this writ petition is to direct the respondents to consider his representation dated 02.07.2019.

2. The case of the petitioner is that he lodged a complaint dated 16.06.2017 before the Bar Council of Tamil Nadu and Pondicherry alleging the professional misconduct of the third respondent and the same was taken on file in D.C.C.No.243 https://hcservices.ecourts.gov.in/hcservices/

of 2018. Thereafter, on 29.06.2019, the Disciplinary Committee of the Bar Council of Tamil Nadu and Pondicherry framed charges against the third respondent and posted the case for cross examination. While so, the third respondent attempted to threaten the petitioner to withdraw the case. Therefore, the petitioner made a detailed representation dated 02.07.2019 to the first respondent, requesting to suspend the third respondent from practicing as an Advocate pending disposal of DCC No.243 of 2018. However, the said representation was not considered by the first respondent, which necessitated the petitioner to file this writ petition for the relief stated supra.

3. Heard the learned counsel appearing for both sides and perused the materials placed before this court. 4.

Considering the limited relief sought by the petitioner, this Court without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 02.07.2019, if not considered earlier and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as the third respondent, 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 is disposed of. No costs.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar mrr To 1.The Chairman, The Bar Council of Tamil Nadu and Pondicherry, Chennai.

2.The Secretary, The Bar Council of Tamil Nadu and Pondicherry, Chennai.

+1cc to Mr.P.Muthamizh Selvakumar, Advocate SR.No.36526 W.P.No.28753 of 2019 BR(CO) GMY(01/07/2022) https://hcservices.ecourts.gov.in/hcservices/