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Madras High CourtWP/47584/2025disposed of

R.Mohan Ranganathan, v. Bar Council Of Tamilnadu And Puducherry

2025-12-04Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice V. Lakshminarayanan13 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN WP Nos. 47584 and 47587 of 2025 R.Mohan Ranganathan, Advocate (ms/409/1995) No.7a/5a Venus Colony, 2nd Street, Poes Garden, Teynampet, Chennai 600018 ..Petitioner in both W.Ps Vs 1.Bar Council Of Tamilnadu And Puducherry Madras High Court Campus, Gate No.4,Nsc Bose Road, George Town, Chennai600104. 2.Colonel Ganesan Associates, Partner S.Ganesan Advocate (ms/2846/2021) No. 10/17, 1stmain Road, Nandanam Extension, Nandanam, Chennai 600035.

3.Assistant Commissioner Of Customs, Prosecution Unit, Air Cargo Commissionerate, Meenambakkam, Chennai - 600016.

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4.Additional Deputy Commissioner Tambaram Police Commissionerate, Central Crime Bureau, Sholinganallur, Chennai 600119.

5.Inspector Of Police,Town Police Station, Aruppukottai, Virudhunagar District 626101.

6.Inspector Of Police, J1 Saidapet Police Station, Anna Salai, West Saidapet, Chennai - 600015.

7.Executive Engineer, CIT Nagar Re-development Scheme Circle, Tamil Nadu Housing Board, No.485, MTB Building, Nandanam, Chennai 600035.

8.The Registrar, Registrar Of Firms, Chennai South, No.537, Fanepet, Nandanam, Chennai 600035.

9.Colonel P Ganesan (original),943, H Block, 17th Main Road, Anna Nagar West, Chennai 600004.

10.S.Devadharshani, D/o. Mr. R. Sridhar No.F2, Bblock, 1stfloor, Srisakthi Flats, Perumal Kovil 1st Street, Kotturpuram, Chennai 600085.

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11.M.Subbusamy, Retired Major C/o. S.Ganesan, No. 74, Lotus Colony, 1 st Street, Nandanam, Chennai 600035.

12.S. Ganesan Retired Lieutenant Colonel Advocate (ms/2846/2021), S/o. M. Subbusamy, No. 74, Lotus Colony, 1ststreet, Nandanam, Chennai 600035.

..Respondents in W.P.No.47584 of 2025 1.Bar Council Of Tamil Nadu And Puducherry Madras High Court Campus, Gate No.4,NSC Bose Road, George Town, Chennai-600104.

2.Inspector Of Police, District Crime Branch, Kallakurichi Town and District.

3.Assistant Commissioner Of Customs Prosecution Unit, Air Cargo Commissionerate, Meenambakkam, Chennai - 600016.

4.S. Devadharshani Advocate (MS/6915/2023) D/o. Mr.R.Sridhar No. F2, B Block, 1st Floor, Sri Sakthi Flats, Perumal Kovil 1st Street, Kotturpuram, Chennai -600085.

5.S. Vijayakumar, Advocate (MS/1366/2011) 386, IIII Floor, Addl Law Chambers, Madras High Court -600104.

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6.Colonel Ganesan Associates Partner Ganesan, No. 10/17, 1st Main Road, Nandanam Extension, Nandanam Chennai -600035.

7.S. Ganesan, Advocate (MS/2846/2021) (Retd Lieutenant Colonel) S/o. Shri. M. Subbusamy, No. 74, Lotus Colony, 1st Street, Nandanam, Chennai -600 035.

8.S. NareshkumarS/o. (Late) Sreenivasaiah, No.280, Himagiri Meadows, Bannerghatta Road, Bangalore - 560 083.

9.N. Ambujam No. 339/837, Sridharan Bangalow, Cuddalore Main Road, Ranipet, Attur Town, Salem District.

10.Colonel P Ganesan (original),No. 943, H Block, 17th Main Road, Anna Nagar West, Chennai -600 ..Respondents in W.P.No.47587 of 2025 Prayer in WP No.47584 of 2025 : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records pertaining to Bar Council Complaint No. 403/2025 dated 20.07.2025, on the file of the 1st Respondent/Bar Council of Tamil Nadu and Puducherry, and quash the same as __________Page 4 of 13

against the Petitioner, as being illegal, arbitrary, and without jurisdiction. Prayer in W.P.No.47587 of 2025 : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records pertaining to Bar Council Complaint No. 400/2025 dated 20.07.2025, on the file of the 1st Respondent/Bar Council of Tamil Nadu and Puducherry, and quash the same as against the Petitioner, as being illegal, arbitrary, and without jurisdiction. In Both W.Ps.

For Petitioner :

Mr.R.Parthasarathy, Senior Counsel for Mr.S.N.Subramani For Respondents :

Mr.C.K.Chandrasekhar (for Bar Council in both Wps) Mr.M.Babu Muthu Meeran Additional Public Prosecutor for RR 4 to 6 (in W.P.No.47584 of 2025 and R2 in W.P.No.47587 of 2025) Mr.P.Aswin Kumar - for R10 (in W.P.47584 of 2025) Order (Order of the Court was made by V.Lakshminarayanan J.) These two writ petitions challenge the proceedings initiated by the first respondent in Bar Council Complaint No.400 of 2025 and Bar Council Complaint No.403 of 2025 dated 20.07.2025.

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2. The complaint against the petitioner has been lodged by one S.Ganesan (12 th respondent in W.P.47584 of 2025 and 7 th respondent in WP 47587 of 2025).

On receipt of the complaints along with the requisite fees, the Bar Council has registered the same in the aforesaid numbers and issued notice to the writ petitioner. The petitioner states that, the complainant has indulged in several acts of misfeasance and malfeasance and he is the wrong doer and in order to tarnish the fair name of the writ petitioner, he has lodged the complaints. According to the writ petitioner, the complaints do not make out any case of professional misconduct and therefore the same should be nipped at the bud. 3.

We heard Mr.R.Parthasarathy, learned Senior Counsel for Mr.S.N.Subramani for the petitioner, Mr.C.K.Chandraskar for the Bar Council of Tamil Nadu and Puducherry, Mr.M.Babu Muthu Meeran for the police authorities.

4. Between the complainant Mr.S.Ganesan and his former colleague Ms.Devadarshani, as many as seven complaints are pending before the Bar Council of Tamil Nadu and Puducherry. Earlier Ms.Devadarshani challenged the __________Page 6 of 13

proceedings in Complaint No.403 of 2025. In the said proceedings, the writ petitioner herein was the fourth respondent. This Court in W.P.No.44015 of 2025 dated 26.11.2025 passed the following order.

" 6. As the complaints have been given by the Advocates practising together against each other and this Court has already directed one of the complaints to be enquired and completed expeditiously, we are of the view that the first respondent shall enquire this matter after receiving the comments from the petitioner, placed it before the ensuing next General Council Meeting and proceed further. If the General Council is of the view that the complaint against the petitioner is not maintainable, decision can be taken then and there or if the General Council is of the view that it requires further proceedings, the same shall be completed within two months. The petitioner is at liberty to raise all the points and grievances before the first respondent."

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5. The Division Bench has directed all the complaints to be placed before the General Council of the Bar Council and to proceed further. It has also protected the interests of the advocates who have been accused for professional misconduct by leaving it open to the General Council either to decide immediately and reject the complaint or to proceed further. A time limit of two months also has been fixed. Liberty has been granted to the parties to raise all their points and grievances before the first respondent.

6. Further more, only the complaint has been taken on file and nothing more has been done. If a complaint is duly lodged, it is the duty of the Bar Council to receive a reply or response from the respondent and thereafter consider whether it is a case necessary for enquiry and investigation. That stage has not arrived in both the complaints. They are still at the nascent stage. Hence, the writ petitions are disposed of, directing the Bar Council of Tamil Nadu and Puducherry to strictly adhere to the time line fixed by this Court in the aforesaid writ petition and take appropriate decision on the complaints lodged against the writ petitioner. With the above observations, these writ petitions are disposed of. __________Page 8 of 13

(R.S.K.,J.) (V.L.N.,J.) 04-12-2025 Index: Yes/No Speaking/Non-speaking order KST __________Page 9 of 13

To 1.Bar Council Of Tamilnadu And Puducherry Madras High Court Campus, Gate No.4,Nsc Bose Road, George Town, Chennai-600104.

2.Assistant Commissioner Of Customs, Prosecution Unit, Air Cargo Commissionerate, Meenambakkam, Chennai - 600016.

3.Additional Deputy Commissioner Tambaram Police Commissionerate, Central Crime Bureau, Sholinganallur, Chennai 600119.

4.Inspector Of Police,Town Police Station, Aruppukottai, Virudhunagar District 626101.

5.Inspector Of Police, J1 Saidapet Police Station, Anna Salai, West Saidapet, Chennai - 600015.

6.Executive Engineer,CIT Nagar Re-development Scheme Circle, Tamil Nadu Housing Board, No.485, MTB Building, Nandanam, Chennai 600035.

7.The Registrar, Registrar Of Firms, Chennai South, No.537, Fanepet, Nandanam, Chennai 600035.

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8.Inspector Of Police, District Crime Branch, Kallakurichi Town and District.

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R.SURESH KUMAR J.

AND V.LAKSHMINARAYANAN J.

KST WP Nos. 47584 and 47587 of 2025 __________Page 12 of 13

04-12-2025 __________Page 13 of 13