Jeyapaul.R v. Tuticorin Bar Association

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN R.Jeyapaul ... Petitioner vs.

Tuticorin Bar Association (Regd No. 118/2012), Rep by its Secretary, Combined Court Complex, Palayamkottai Road, Thoothukudi, Thoothukudi District.

... Respondent Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent to give permission for the petitioner to utilize the library facilities in the Thoothukudi District Court premises in all working days without any hindrance based on the petitioner's representation dated 22.06.2023.

For Petitioner : Mr.L.Shaji Chellan For Respondent : Mr.KA.Ramakrishnan 1/4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the petitioner submits that directions be given to the respondent to allow the petitioner to utilise the facility of the Library.

2. Learned Counsel for the respondent submits that the petitioner has been removed as a Member of the Bar. He has challenged the removal by filing a civil suit. Temporary injunction application is rejected. The Library is run by the Bar and is maintained from the funds of the Bar.

3. According to the learned counsel for the petitioner, the books are also donated by non-members.

4. Be that as it may, the Library is run by the Bar. The petitioner has been removed as a Member of the Bar. We need not go into the merits of the contentions for the alleged removal or otherwise. The same is subjudice before the Civil Court, as the petitioner has already filed a civil suit.

2/4

5. Learned counsel for the petitioner submits that the petitioner is a senior citizen, aged 78 years, as such, the Trial Court may be directed to dispose of the suit within a time bound manner.

6. We are not aware of the pendency of the matters before the Civil Court. However, considering the age of the petitioner, the Trial Court, where the suit is pending, may endeavour to decide the suit expeditiously.

7. The parties shall co-operate in expeditious disposal of the suit.

8. With the above observation, the Writ Petition stands disposed of. There will be no order as to costs. [S.V.G., CJ.] [C.K., J.] Index : Yes / No 30.08.2023 smn2 3/4

THE HON'BLE CHIEF JUSTICE and C.KUMARAPPAN, J.

smn2 ORDER MADE IN DATED : 30.08.2023 4/4