S.Soundarapandian, v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.(MD)No.20257 of 2018 S.Soundarapandian ... Petitioner -vs1.The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai - 104.

2.The Chairperson, Enrolment Committee, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai - 104.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents to enroll the Petitioner's name as an Advocate on the roll of Bar Council of Tamil Nadu and Puducherry based on the petitioner Application dated 25.07.2018 (Identification No.PR1182658) in the light of the order passed by this Hon'ble Division Bench in a similar Writ Petition in W.P.(MD) No.12774 of 2018 dated 26.06.2018 within the time limit that may stipulated by this Hon'ble Court.

For Petitioner :Mr.G.Rajaraman for Mr.M.C.Swamy For Respondents :Mr.Niranjan S.Kumar

O R D E R

(Order of the Court was made by N.KIRUBAKARAN, J.) The petitioner got admission in the Madurai Law College for the academic year 1983 - 1986. After completing the course in 1989, he joined the Railway Service. However, he wrote the examination successfully only during 1995. After voluntary retirement from service, the petitioner applied for enrollment before the Bar Council of Tamil Nadu and Puducherry. Since no decision is taken regarding the Application of the petitioner dated 25.07.2018, the petitioner has come before this Court.

2.Heard Mr.G.Rajaraman, learned counsel appearing for the petitioner and Mr.Niranjan S.Kumar, learned counsel appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 3.Learned counsel for the respondents would submit that there

were two criminal cases pending against the petitioner. He fairly submitted that the two cases have been mentioned in the affidavit filed in support of the petition.

4.With regard to the criminal cases in P.R.C.No.75 of 2000 and C.C.No.450 of 2000 on the file of the learned Judicial Magistrate No.VI, Madurai, learned counsel for the petitioner would submit that both the cases have been compromised and the cases have already been quashed by this Court in Crl.O.P.(MD) No.3499 and 3500 of 2019 and therefore, there cannot be any impediment for the enrollment of the petitioner.

5.This Court perused the order copy dated 21.03.2019, passed in Crl.O.P.(MD) No.3499 and 3500 of 2019, by which, the two criminal cases viz., P.R.C.No.75 of 2000 and C.C.No.450 of 2000 on the file of the learned Judicial Magistrate No.VI, Madurai are quashed. Therefore, the petitioner is directed to give a fresh representation to the Bar Council of Tamil Nadu and Puducherry, enclosing the copy of the order passed by this Court in Crl.O.P.(MD) Nos.3499 and 3500 of 2019. On receipt of the said representation, the Bar Council of Tamil Nadu and Puducherry is directed to take a decision with regard to the petitioner's enrollment on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

6.The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(w) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai - 104.

2.The Chairperson, Enrolment Committee, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai - 104.

+5cc to Mr.M.C.Swamy,Advocate, SR.No.58197 W.P.(MD) No.20257 of 2018 01.04.2019 SP/02.04.2019/ 2P/8C https://hcservices.ecourts.gov.in/hcservices/