Kulandai Therese v. The Secretary

W.P(MD)No.20561 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.20561 of 2021 Kulandai Therese ... Petitioner Vs.

1.The Secretary, Bar Council of Tamilnadu and Pudhucherry, High Court Campus, Chennai - 600 104.

2.V.Loganathan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st Respondent to conduct and dispose of the Disciplinary Complaint case dated 25.10.2021 within the time frame that may be fixed by this Hon'ble Court and by considering the representation dated 25.10.2021.

For Petitioner : Mr.A.Azhageson For Respondent No.1 : Mr.C.K.Chandrasekar Standing Counsel for Mr.Niranjan S.Kumar

O R D E R

(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the 1st Respondent to conduct enquiry and dispose of the Disciplinary Complaint case dated 25.10.2021, within a time frame.

2.Mr.C.K.Chandrasekar, learned Standing Counsel, accepts notice on behalf of the first respondent. In view of the order proposed to be passed in this Writ Petition, notice to second respondent is dispensed with.

3.By consent, this Writ Petition itself is taken up for final disposal at the time of admission.

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W.P(MD)No.20561 of 2021 4.Mr.C.K.Chandrasekar, learned Standing Counsel, who accepts notice for the Bar Council of Tamilnadu and Pudhucherry, on instructions, submitted that there will be a General Council Meeting once in a quarter and they are trying to dispose these kinds of complaints in the manner known to law as expeditiously as possible.

5.So far as the case of the petitioner is concerned, already the complaint has been accepted as Complaint No.366/2021 and the same would be placed in the forthcoming General Counsel meeting scheduled in the month of December, 2021. The enquiry proceedings also involve certain procedure of giving opportunity to the second respondent to put forth his case and upon enquiry only it can be given a logical conclusion. Therefore, the petitioner cannot seek out of turn enquiry to complete the enquiry. However, if it is possible the General Counsel in its meeting during December, 2021 may consider the case of the petitioner and give priority in disposing of the case.

5.The Writ Petition stands disposed of with the above observations. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO +1 CC to M/s.NIRANJAN S. KUMAR, Advocate (SR-35004[F] dated 18/11/2021) +1 CC to M/s.A. AZHAGESON, Advocate (SR-34928[F] dated 18/11/2021) W.P(MD)No.20561 of 2021 17.11.2021 RS(30.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2