Muthusamy. S v. The Bar Council Of Tamil Nadu And Puducherry

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.15013 of 2024 S.Muthusamy ... Petitioner -Vs1.The Bar Council of Tamil Nadu & Puducherry, Rep. by its Secretary, Nethaji Subash Chandra Bose, Madras High Court Complex, Chennai-104.

2.The Chairman, Enrollment Committee, The Bar Council of Tamil Nadu & Puducherry, Nethaji Subash Chandra Bose, Madras High Court Complex, Chennai-104.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to proceed with the petitioner's application in ID No.PR/2023/64046 for enrollment in the Bar Council of Tamil Nadu & Puducherry as an advocate.

For Petitioner : Mr.P.Sivachandran For Respondents : Mr.K.R.Laxman

ORDER

[Order of the Court was made by S.SRIMATHY, J.] This Writ Petition is filed, seeking for a direction to the respondents to proceed with the petitioner's application in ID No.PR/2023/64046 for enrollment in the Bar Council of Tamil Nadu & Puducherry as an Advocate. 2.The learned counsel appearing for the respondents would submit that the respondents has refused to grant enrollment to the petitioner on the premise that five criminal cases are pending against the petitioner. 3.The issue involved in this Writ Petition is already decided by this Court vide order dated 06.10.2025 made in Crl.O.P.(MD)No.14573 of 2014, where it is stated that conditional / provisional enrollment can be granted to the law graduate, in case criminal cases are pending wherever it involves bailable offences attracting upto three years and compoundable offences including matrimonial, family and civil disputes.

4.On perusing the First Information Report, it is seen that it is private dispute between the parties and all the five petitions are preferred by the family members of the petitioner. Therefore, the respondents are directed to grant conditional / provisional enrollment to the petitioner. 5.With this direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 02.04.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The Secretary, Bar Council of Tamil Nadu & Puducherry, Nethaji Subash Chandra Bose, Madras High Court Complex, Chennai-104.

2.The Chairman, Enrollment Committee, The Bar Council of Tamil Nadu & Puducherry, Nethaji Subash Chandra Bose, Madras High Court Complex, Chennai-104.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.15013 of 2024 02.04.2025