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Madras High CourtWP(MD)/14523/2023disposed of

Nalla Senapthy .V.R v. The Bar Council Of Tamil Nadu And Puducherry

2023-06-20Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.12313 of 2023 V.R.Nalla Senapathy ... Petitioner -vs1. The Bar Council of Tamil Nadu and Puducherry, Rep. by its Secretary, High Court Campus, Chennai - 600 104.

2. The Disciplinary Committee, The Bar Council of Tamilnadu and Puducherry, Rep. by its Registrar, High Court Campus, Chennai - 600 104.

3. P.Jayaprakash ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records comprised in DCC No. 211/2022 on file of the 2nd respondent dated 09.06.2023 and quash the same as arbitrary and illegal.

For Petitioner :

Mr.K.Prabhakar For Respondents :

Mr.C.K.Chandrasekar for Mr.K.R.Laxman for R1

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.C.K.Chandrasekar, learned counsel takes notice for the first respondent.

2. Since the writ petition is disposed of at the admission stage itself and considering the nature of relief sought for by the petitioner, notice to the private respondent is dispensed with.

3. With the consent of both sides, the writ petition is taken up for final hearing at the admission stage itself.

4. Admittedly, there is an appellate remedy available to the petitioner under Section 37 of the Advocates Act, 1961. The appellate tribunal is manned at least by two former High Court judges. We therefore do not see any reason to entertain this writ petition. Accordingly, the writ petition stands dismissed with liberty to the petitioner to move the appellate tribunal under Section 37 of the Advocates Act, 1961. No costs. Consequently, the connected miscellaneous petition is closed.

5. The Registry is directed to return the original impugned order to the learned counsel for the petitioner to enable him to file an appeal. [R.S.M., J.] [L.V.G., J.] 20.06.2023 NCC : No Index : No Internet : Yes PKN

To

1. The Secretary, The Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai - 600 104.

2. The Registrar, Disciplinary Committee, The Bar Council of Tamilnadu and Puducherry, High Court Campus, Chennai - 600 104.

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 20.06.2023