V.S.Nagaraj, B.A., B.L., v. The Registrar General,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2025
CORAM:
THE HON'BLE MR.JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and W.M.P.Nos.31543 to 31545 of 2017, 265 & 266 of 2018 V.S.Nagaraj
...Petitioner
Vs 1.The Registrar General, Hon'ble High Court of Madras, Chennai - 600 104.
2.The Secretary, The Bar Council of India, No.21, Rouse Avenue Institutional Area, Near Bal Bhavan, New Delhi - 110 002.
3.The Secretary, The Bar Council of Tamil Nadu, Chennai - 600 104.
4.The President, Madras High Court Advocates Association, Hon'ble High Court of Madras Campus, Chennai - 600 104.
5.The Secretary, Madras High Court Advocates Association, Hon'ble High Court of Madras Campus, Chennai - 600 104.
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6.The President, Madurai High Court Advocates Association, Madurai High Court Campus, Madurai.
7.The Secretary, Madurai High Court Advocates Association, Madurai High Court Campus, Madurai.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent and quash the Resolution No.184 of 2017 dated 09.11.2017 passed without following the Rule of Law. For Petitioner : Mr.A.Ramesh Manikandan For R1 : Mr.Kaithamalai Kumaran For R2 : Mr.S.R.Raghunathan For R3 : Mr.J.Pothiraj For R4 & R5 : No Appearance For R6 & R7 : Mrs.AL.Ganthimathi Senior Counsel for Mr.V.S.Kathi Associates
ORDER
(Order of the Court was made by M.S.RAMESH,J.) The order impugned in this Writ Petition is a resolution of the Special Committee of the Bar Council of Tamil Nadu and Puducherry, resolving to pass 2/6
interim prohibitory order, prohibiting the petitioner from practicing in any Court of law, pending disposal of issuance of a show cause notice for removal of the petitioner's name from the roll.
2. At the outset, it requires to be pointed out that unless and until the resolution of the Bar Council of India culminates into a show cause notice, the petitioner cannot challenge the resolution. As such, the Writ Petition itself is not maintainable. However, the learned counsel for the petitioner submitted that the petitioner may be granted liberty to submit his explanation to the contemplated show cause notice.
3. In consideration of the said request of the learned counsel for the petitioner, the following orders are passed:- (i) The Bar Council of Tamil Nadu and Puducherry is at liberty to issue a show cause notice under Section 26(1) of the Advocates Act, within a period of three months from the date of receipt of a copy of this order. (ii) On receipt of the show cause notice, the petitioner shall give his response, within a period of 30 days from the date of receipt of the show cause notice.
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4. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (M.S.R.,J.) (N.S.,J.) 04.03.2025 Index:Yes/No Speaking order/Non-Speaking Order hvk 4/6
To 1.The Registrar General, Hon'ble High Court of Madras, Chennai - 600 104.
2.The Secretary, The Bar Council of India, No.21, Rouse Avenue Institutional Area, Near Bal Bhavan, New Delhi - 110 002.
3.The Secretary, The Bar Council of Tamil Nadu, Chennai - 600 104.
4.The President, Madras High Court Advocates Association, Hon'ble High Court of Madras Campus, Chennai - 600 104.
5.The Secretary, Madras High Court Advocates Association, Hon'ble High Court of Madras Campus, Chennai - 600 104.
6.The President, Madurai High Court Advocates Association, Madurai High Court Campus, Madurai.
7.The Secretary, Madurai High Court Advocates Association, Madurai High Court Campus, Madurai.
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M.S.RAMESH,J.
AND N.SENTHILKUMAR,J.
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