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Madras High CourtWP(MD)/14052/2018allowed

T.Manikandan v. The Chairman

2018-07-04Honourable Mr Justice A.M. Basheer Ahamed,Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.P.[MD].No.14052 of 2018 T.Manikandan : Petitioner Vs.

1. The Chairman, Bar Council of Tamil Nadu & Puducherry, High Court Building, Chennai 104.

2. The Secretary, Bar Council of Tamil Nadu & Puducherry, High Court Building, Chennai 104.

3. The Inspector of Police, Villur Police Station, Thirumangalam, Madurai District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to enroll the petitioner as Advocate in the Bar Council of Tamil Nadu and Puducherry, as per the application dated 28.12.2017 within a stipulated time fixed by this Court. For petitioner : Mr.J.Jeyakumaran For respondents 1&2 : Mr.Niranjan S.Kumar Standing Counsel

O R D E R

*********** [Order of the Court was made by C.T.SELVAM, J.] The petitioner seeks a Writ of Mandamus directing the respondents 1 and 2 to enroll him as Advocate in the Bar Council of Tamil Nadu and Puducherry, as per the application dated 28.12.2017 within a stipulated time.

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2. The enrollment of the petitioner as an advocate on the roll of Bar Council of Tamil Nadu and Pondicherry is held up for

the reason that two criminal cases, namely, Crime Nos.36 and 37 of 2012, are pending against him. Today, it is brought to the notice of this Court that the Criminal Case in Crime No.37 of 2012, registered on the file of the third respondent police has been referred to as "mistake of fact". Insofar as Crime No.36 of 2012, registered on the file of Villur Police Station, which was taken on file as C.C.No.15 of 2014, on the file of the learned District Munsif cum Judicial Magistrate, Peraiyur, is concerned, as against the said proceedings, the petitioner filed Crl.OP(MD).No.22106 of 2014, in which an order of interim stay was granted by this Court on 27.04.2015.

3. In the light of the above, since the petitioner does not now suffer disqualification, the Writ Petition shall stand allowed and there shall be direction to the respondents 1 and 2 to enrol the petitioner as an Advocate on the roll of Bar Council of Tamil Nadu and Pondicherry. No costs.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Chairman, Bar Council of Tamil Nadu & Puducherry, High Court Building, Chennai 104.

2. The Secretary, Bar Council of Tamil Nadu & Puducherry, High Court Building, Chennai 104.

3. The Inspector of Police, Villur Police Station, Thirumangalam, Madurai District.

+ 1 CC TO Mr.J.JEYAKUMARAN, ADVOCATE IN SR No. 71055 NB TE/RP/SAR-1 : 13/07/2018 : 2P/5C ORDER MADE IN W.P.[MD].No.14052 of 2018 04.07.2018 https://hcservices.ecourts.gov.in/hcservices/