K.Sathish v. The Enrollment Committee
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.11.2023
CORAM
THE HONOURABLE Mr.JUSTICE R.MAHADEVAN AND THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ K.Sathish .. Petitioner Vs.
1.Enrollment Committee represented by the Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Building, Chennai - 600 104.
2.The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Building, Chennai - 600 104.
3.The Secretary, The Bar Council of India, No.21, Rouse Avenue, Institutional Area, New Delhi - 110 002.
..
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for the issuance of a WRIT OF MANDAMUS directing the second 1/6
respondent to process the petitioner's application dated 08.12.2020 for the upcoming enrollment and to enroll the petitioner name as an Advocate in the Bar Council of Tamil Nadu and Puducherry within the time stipulated by this Court.
For Petitioner : Mr.S.Shivaram for Mr.Adith Narayanan For Respondents : Mr.C.K.Chandrasekar
ORDER
[Order of the court was made by R.MAHADEVAN, J.] Seeking a direction to second respondent to process his application dated 08.12.2020 for the upcoming enrollment and to enroll him as an Advocate in the Bar Council of Tamil Nadu and Puducherry within the time stipulated by this Court, the petitioner has preferred the present petition. 2.
It is the case of the petitioner that he studied law degree in Rajiv Gandhi College of Law, which is affiliated to the Karnataka University and completed the same in the year 2017. Subsequently, for getting enrolled as an Advocate, the petitioner submitted an application to the respondents on 08.12.2020, but, till date his name was not included in 2/6
the enrolment list due to the pendency of two criminal cases in Crime Nos.30 & 31 of 2021 registered on 13.01.2021 by the Inspector of Police, Manalurpet Police Station, Kallakurichi District. Since his application has not been considered, the petitioner is before this court with the present writ petition.
3.
The learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been falsely implicated in the criminal cases over a property dispute. However, due to pendency of the same, his application seeking enrolment as an Advocate, has not been processed till date. Therefore, the learned counsel prayed for a direction to the respondents to dispose of the application of the petitioner dated 08.12.2020.
4.
On the other hand, the learned counsel appearing for the respondents fairly submitted that the respondents would consider the application of the petitioner and pass orders, on merits, within a time frame to be stipulated by this court.
3/6
5.
Considering the limited scope of the prayer made herein, without expressing any opinion on the claim of the petitioner, there shall be a direction to the respondents to pass appropriate orders on the petitioner's application dated 08.12.2020, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 6.
With the above direction, this writ petition stands disposed of. No costs.
[R.M.D., J.] [M.S.Q., J.] 23.11.2023 Index: Yes / No Speaking order/ Non-speaking order nsd 4/6
To
1. The Secretary, Enrollment Committee, Bar Council of Tamil Nadu and Puducherry, High Court Building, Chennai - 600 104.
2.The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Building, Chennai - 600 104.
3.The Secretary, The Bar Council of India, No.21, Rouse Avenue, Institutional Area, New Delhi - 110 002.
5/6
R.MAHADEVAN, J.
AND MOHAMMED SHAFFIQ, J.
nsd 23.11.2023 6/6