P.Kumaravel v. The Bar Council Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and W.M.P.Nos.32702 & 32704 of 2019 P.Kumaravel ... Petitioner Vs.

1.

The Bar Council of Tamil Nadu, Represented by its Secretary, High Court Campus, Chennai - 600 104.

2.

M.Santhi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of certiorari, calling for the records pertaining to impugned disciplinary proceedings of the 1st respondent in D.C.C.No.92 of 2019 and quash the same.

For Petitioner : Mr.D.R.Arun Kumar For R1 : Mr.C.K.Chandrasekar For R2 : Mr.T.Sai Krishnan Page No.1 of 4

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ on hand has been filed challenging the disciplinary proceedings initiated by the first respondent in D.C.C.No.92 of 2019. 2.

This writ petition is filed during the pendency of the disciplinary proceedings, more specifically, after filing defense statement by the petitioner/advocate. Such writ petitions filed during the pendency of the disciplinary proceedings are not entertainable. The petitioner raised several grounds on merits, which all are to be adjudicated by the Disciplinary Committee with reference to the documents and evidences available on record. High Court cannot adjudicate such disputed facts in a writ proceedings. Moreso, the writ petition has been instituted during the pendency of the disciplinary proceedings. Thus, the petitioner is at liberty to participate in the disciplinary proceedings and defend his case by availing the opportunities to be provided by the Disciplinary Committee in the manner contemplated. The first respondent is directed to complete the disciplinary Page No.2 of 4

proceedings and pass final orders as expeditiously as possible, since the matter is pending for about four years.

3.

With the above direction, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S.J.] [C.K.J.] 04.06.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda To The Bar Council of Tamil Nadu, Represented by its Secretary, High Court Campus, Chennai - 600 104.

Page No.3 of 4

S.M.SUBRAMANIAM,J.

AND C.KUMARAPPAN,J.

veda Order in 04.06.2024 Page No.4 of 4