Aeerathan.S v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.24087 of 2022 S.Aeerathan ... Petitioner -vs1. The Chairman, Bar Council of Tamil Nadu and Puducherry, High Court Building, Chennai-104.

2. The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Building, Chennai-104.

3. The Inspector of Police, Valliyoor Police Station, Tirunelveli 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 Tamil Nadu and

Puducherry based on the petitioner's application dated 13.7.2022, within the time limit that may be stipulated by this Court. For Petitioner :

Ms.M.Anbarasi For Respondents :

Mr.Niranjan S.Kumar for R1 and R2 Mr.T.Senthil Kumar, Additional Public Prosecutor for R3

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to enroll the petitioner as Advocate in the Bar Council of Tamil Nadu and Puducherry, based on his application dated 13.7.2022, within a time frame.

2. Heard Ms.M.Anbarasi, learned counsel for the petitioner; Mr.Niranjan S.Kumar, learned counsel appearing for the respondents 1 and 2 and Mr.T.Senthil Kumar, learned Additional Public Prosecutor appearing for the third respondent.

3. The Petitioner who completed B.A.LLB five years law degree course submitted online application on 13.07.2022 seeking to enroll him

as an Advocate, before the Bar Council of Tamil Nadu and Puducherry, enclosing the relevant certificates and undertaking affidavits. However, his name was not published in the list of candidates for enrolment and on enquiry, he came to know that his application was withheld by the respondents 1 and 2, citing pendency of a criminal case in Crime No.249 of 2021, against him.

4. Learned counsel for the petitioner submitted that due to a civil dispute prevailing between his family members, one Seenivasan has lodged a false complaint against the petitioner and based on which, FIR in Crime No.249 of 2021, has been registered against the petitioner. Learned counsel for the petitioner would further submit that the petitioner would be satisfied, if a direction is issued to the respondents 1 and 2, to consider his online application dated 13.07.2022, on merits and in accordance with law, within a time frame.

5. Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the claim made by the petitioner, there shall be a direction to the respondents 1 and 2 to consider the petitioner's application, dated 13.07.2022 on its own merits

and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 19.10.2022 Index : Yes / No Internet : Yes / No pkn To:

1. The Chairman, Bar Council of Tamil Nadu and Puducherry, High Court Building, Chennai-104.

2. The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Building, Chennai-104.

3. The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.24087 of 2022 19.10.2022