Udaiyar v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Udaiyar ... Petitioner vs.

1.The Secretary, The Bar Council of Tamil Nadu and Puducherry, No.19, NSC Bose Road, High Court Campus, George Town, Chennai - 600 104.

2.The Secretary, Tirunelveli Bar Association, District Court Building, Palayamkottai, Tirunelveli - 627 002.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to enroll the petitioner's name in the list of advocate nominal roll belongs to the Tirunelveli Bar Association, Tirunelveli by considering the petitioner's representation dated 30.09.2024 in accordance with law within the time stipulated by this Court.

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For Petitioner : Mr.A.Balaji For R - 1 : Mr.K.R.Laxman For R - 2 : No appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of hand has been instituted to direct the second respondent to register the name of the petitioner as a member of the second respondent Bar Association.

2.Notice was served on the second respondent and none appeared. Thus, the name of the second respondent is printed in the High Court's cause list. 3.The learned counsel appearing on behalf of the first respondent/Bar Council of Tamil Nadu and Puducherry would submit that instructions were provided to all the Bar Associations across the State of Tamil Nadu to register the names of Advocates whose names are in the State roll maintained by the Bar Council of Tamil Nadu and Puducherry. 2/6

4.Only the second respondent has to verify the fact whether the petitioner has been enrolled as an Advocate in the State roll maintained by the Bar Council of Tamil Nadu and Puducherry or not. Once enrolment is found to be genuine, then the second respondent has no option, but to receive the application and to admit the petitioner as a member of the Bar Association. Bar Associations are allotted space in Court buildings. Therefore, they are bound to Act in accordance with the directives of the Judiciary and the Bar Council of the Tamil Nadu and Puducherry. Recognized Bar Associations are bound by the Rules and Regulations issued by the Bar Council of Tamil Nadu and Puducherry and the Judicial Administration.

Therefore, the denial of admission of the petitioner as a member of the Bar Association is in violation of the instructions and directives issued by the first respondent. If at all the name of the petitioner has not been registered, the second respondent is bound to register. 5.In view of the facts and circumstances, the second respondent/Tirunelveli Bar Association is directed to admit the petitioner as a member of the Bar Association and allow him to utilize all the facilities and benefits extended to the members of the Tirunelveli Bar Association.

6.Accordingly, this Writ Petition stands allowed. There shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 10.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Secretary, The Bar Council of Tamil Nadu and Puducherry, No.19, NSC Bose Road, High Court Campus, George Town, Chennai - 600 104.

2.The Secretary, Tirunelveli Bar Association, District Court Building, Palayamkottai, Tirunelveli - 627 002.

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S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 10.06.2025 6/6