Veerathavamani.S v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.22061 of 2022 and W.M.P.(MD)No.16213 of 2022 S.Veerathavamani ... Petitioner -Vs1.The Chairman, Bar Council of Tamilnadu & Puducherry, High Court Buildings, Chennai-104.
2.The Secretary, Bar Council of Tamilnadu & Puducherry, High Court Buildings, Chennai-104.
3.The Inspector of Police, Y.Othakadai Police Station, Madurai District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to enroll the petitioner as Advocate in the Bar Council of Tamilnadu and Puducherry, based on the petitioner's application dated 13.11.2021, within a stipulated time fixed by this Court.
For Petitioner : Mr.J.Jeyakumaran For R1 and R2 : Mr.K.P.Laxman, Standing Counsel For R3 : Mr.T.Senthil Kumar, Additional Public Prosecutor
ORDER
[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition is filed, seeking issuance of a Writ of Mandamus, directing the respondents 1 and 2 to enroll the petitioner as Advocate in the Bar Council of Tamilnadu and Puducherry, based on his application dated 13.11.2021, within a stipulated time fixed by this Court.
2.According to the petitioner, after completing L.L.B., Course, he applied for enrollment with the respondents 1 and 2 on 13.11.2021. At the time of submitting the application, the petitioner has mentioned the criminal case pending against him in Crime No.88 of 2020 on the file of the 3rd respondent for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC and Section 4 of Women Harassment Act. The 3rd respondent has also filed a final report before the learned Judicial Magistrate, Melur on 20.12.2021, which was taken on file in C.C.No.218 of 2021 and the same is pending.
The grievance of the petitioner is that though he has not suppressed the pendency of the criminal case in the application, in the list of candidates' for enrollment published by the respondents 1 and 2, his name was not found place and the application has not been considered till date. Hence, this Writ Petition. 3.The learned Standing Counsel appearing for the respondents 1 and 2 submitted that Enrollment Committee has been formed by the respondents 1 and 2 and the application of the petitioner dated 13.11.
merits and in accordance with law by the said Committee within a period stipulated by this Court.
4.In view of the above submission, without going into the merits of the case, this Court directs the Enrollment Committee formed by the respondents 1 and 2 to consider the application of the petitioner dated 13.11.2021 and pass appropriate orders purely on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] & [J.S.N.P., J.] 09.11.2022 Index : Yes / No Internet : Yes / No Myr
To 1.The Chairman, Bar Council of Tamilnadu & Puducherry, High Court Buildings, Chennai-104.
2.The Secretary, Bar Council of Tamilnadu & Puducherry, High Court Buildings, Chennai-104.
3.The Inspector of Police, Y.Othakadai Police Station, Madurai District.
R.MAHADEVAN , J.
AND J.SATHYA NARAYANA PRASAD, J.
Myr W.P.(MD)No.22061 of 2022 09.11.2022