Priya Prabakar v. The Bar Council Of Tamilnadu And Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2024

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN Priya Prabakar ... Petitioner Vs.

1. The Bar Council of Tamil Nadu and Puducherry, Rep. By its Chairman High Court Campus, Chennai-600 104.

2. S.Sathish Babu ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned communication dated 05.08.2022 along with the Resolution No.235 of 2022 dated 04.05.2022 in Conflict No.2825 of 2022 and quash the same as arbitrary and illegal and consequently direct the first respondent to take the matter on trial and permit the Complainant herein to let in documentary, electronic as well as oral evidence and after the same, or pass any other order or direction as this 1/4

Hon'ble Court may deem fit to the facts and circumstances of this case. For Petitioner : Mr.Adith Narayana Vijayaragavan For Respondents : Mr.M.R.Jothimanian for R1 Mr.E.Kannadasan for R2 *****

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The Resolution No.235 of 2022 dated 04.05.2022 rejecting the complaint submitted by the writ petitioner against the 2nd respondent is under challenge in the present writ petition. The grievance of the writ petitioner is that the complaint regarding misconduct submitted against the 2nd respondent to the first respondent has not been considered properly. The learned counsel for the petitioner would submit that there is no application of mind while dealing with the allegations as raised in the complaint by the writ petitioner. However, a Revision is contemplated under Section 48A of The Advocates Act. The disputed issues sought to be adjudicated by the Bar Council of Tamil Nadu and the Bar Council of India under the scheme contemplated under the Act. Therefore, the petitioner is at liberty to prefer a Revision under Section 2/4

48A of the Act to redress her grievances.

2. With the above observations, this writ petition stands disposed of. No costs.

[S.M.S., J.] [C.K., J.] 11.06.2024 kmi Index : Yes Speaking order : Yes/No To

1. The Bar Council of Tamil Nadu and Puducherry, Rep. By its Chairman High Court Campus, Chennai-600 104.

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S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

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