M.Arumugam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 27/02/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD) No.3886 of 2025 M.Arumugam ... Petitioner Vs

1. The State of Tamil Nadu, Represented by its Secretary, Department of Law, Government of Tamil Nadu, St.George Fort, Chennai 600 009..

2. Bar Council of Tamil Nadu and Puducherry, Represented by its Chairman, No.37qp Plus 8h5, High Court Road, Parrys Chennai 600 104..

3. Tamil Nadu Advocates Welfare, Fund Trustee Committee, Represented by its Secretary, No.37qp Plus 8h5, High Court Road, Parrys Chennai 600 104..

... Respondents 1/5

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, to declare that the enhancement of the Tamil Nadu Advocates Welfare Stamp fee from Rs.30/- to Rs.120/- under the Section 7 of The Tamil Nadu Advocates Welfare fund notification of the 1st respondent dated 03.01.2025 vide G.O.Ms.No.3, Home (Courts V) implementing the enhanced welfare stamp fee from Rs.30/- to Rs.120/- is null and void unconstitutional, and also direct the respondents to reconsider and rationalize the welfare stamp fee in a manner that is proportionate, fair and just. For Petitioner : Mr.R.Rajesh Saravanan For Respondents : Mr.M.Sarangan for R1 Additional Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The writ petition has been filed for a declaration to declare that the enhancement of the Tamil Nadu Advocates Welfare Stamp fee from Rs. 30/- to Rs.120/- under Section 7 of The Tamil Nadu Advocates Welfare fund notification of the 1st respondent dated 03.01.2025 vide G.O.Ms.No. 3, Home (Courts V) implementing the enhanced welfare stamp fee from Rs.30/- to Rs.120/- is null and void unconstitutional, and also direct the 2/5

respondents to reconsider and rationalize the welfare stamp fee in a manner that is proportionate, fair and just.

2. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. Since no adverse orders are going to be passed against the respondents 2 and 3, notice to the respondents 2 and 3 is dispensed with.

3. We have heard the learned counsel for the petitioner and the learned Additional Government Pleader for the 1st respondent.

4. The petitioner being a practising advocate has filed this writ petition aggrieved by the enhancement of the Tamil Nadu Advocates Stamp fee from Rs.30/- to Rs.120/- under Section 7 of The Tamil Nadu Advocates Welfare Fund vide notification of the 1st respondent dated 03.01.2025 and for a direction to the respondents to reconsider the same.

5. It is seen that the Advocates Welfare Fund is utilized only for the welfare of the Advocates. When similar writ petition was filed before 3/5

the Principal Bench challenging the above enhancement in WP No.3562 of 2025, a Coordinate Bench of this Court has rejected the claim of the petitioner and dismissed the writ petition on 31.01.2025. Therefore, we are not inclined to entertain this writ petition. Accordingly, the writ petition stands dismissed. No costs.

Consequently connected Miscellaneous Petition is closed.

[J.N.B.,J] [S.S.Y.,J] 27.02.2025 NCC : Yes/No Index : Yes/No RR To The Secretary, Department of Law, Government of Tamil Nadu, St.George Fort, Chennai 600 009..

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J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER

IN WP(MD) No.5293 of 2025 Date : 27/02/2025 5/5