Madras High CourtWP/31469/2022closed

Harichandran v. The Bar Council Of Tamil Nadu And Puducherry,

2023-01-04Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and WMP.No.30929 of 2022

1. Harichandran

2. Venkatagiri .. Petitioners

Versus

1. The Bar council of Tamil Nadu and Puducherry, Rep. by its Secretary, Gate No.4, N.S.C. Bose Road, Chennai - 104.

2. A. Ramprasad, Advocate, MS.726/1986, Therpettai, Denkanikottai Town and Taluk, Krishnagiri District.

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, call for the records pertaining to the resolution No.416 of 2022 dated 26.08.2022 passed by the first respondent, quash the same as illegal and consequently direct the first respondent to restore the petitioners' complaint in No.27 of 2022 and enquire the same in accordance with law. 1/4

For Petitioner :

Mr.A.Balamurugan For R1 :

Mr.C.K.Chandrasekaran For R2 : No appearance

ORDER

(Order of the Court was made by R. MAHADEVAN, J.) The petitioners have come up with the present writ petition to quash the Resolution No.416 of 2022 dated 26.08.2022 passed by the first respondent. 2.By the resolution impugned herein, the first respondent has dropped the complaint lodged by the petitioners against the second respondent, stating that no prima facie case has been made out for referring the same to the Disciplinary committee for enquiry.

3.When the matter was taken up for consideration, the learned counsel for the first respondent submitted that further enquiry will be conducted only by the Bar Council of India and not by the scrutiny committee and hence, nothing survives for adjudication herein.

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4.In reply, the learned counsel for the petitioner submitted that the petitioner would be satisfied, if liberty is granted to him to work out his remedy before the authority concerned.

5.Granting such liberty to the petitioner, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [J.S.N.P., J.] 04.01.2023 Index : Yes / No Internet : Yes / No av To The Secretary, The Bar council of Tamil Nadu and Puducherry, Gate No.4, N.S.C. Bose Road, Chennai - 104.

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R. MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

av and WMP.No.30929 of 2022 04.01.20 4/4