C. Selvakumar v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Selvakumar ... Petitioner vs.

1. The Secretary, Bar Council of Tamilnadu and Puducherry, Hon'ble Madras High Court Campus, Chennai - 600104.

2. Advocate Balakumar, (E.No.965/97) S/o.Subramaniam, 2/73, Ellaikattupudhur, Manappalli Post, Mohanur Taluk, Namakkal District - 637017.

3. Advocate S.Sathiyamoorthi, (E.No.1045/2005) 2/11A, Malaiveethi, Velayuthampalayam, Karur Taluk, Karur District.

4. Advocate R.Ayyavoo, Member of the Bar Council of Tamilnadu, President of Namakkal Judicial Courts Advocate Association, No.3/155, Kanakkampalayam, Bommampatti Post, Namakkal - 637001.

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5. The Secretary, Paramathi Court Advocates Association, Paramathi, Namakkal District.

6. The Secretary, Tiruchengode Court Advocates Association, Tiruchengode, Namakkal District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to conduct a fair enquiry and to take necessary disciplinary action against the 2nd and 3rd respondents and to withdraw the recognition of the 4th to 6th respondents' bar associations based on the petitioner's complaint as per Section 35 of the Advocates Act, dated 12.09.2024.

For Petitioner : Mr.N.Murugesan For R1 : Mr.K.R.Laxman

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) The grievance of the petitioner seems to be against the private respondents namely, the respondents 2 and 3. He claims that the Bar Associations, which are cited as respondents 5 and 6, are supporting the respondents 2 and 3. These are all private disputes, in which, the Bar Council cannot interfere. This Court cannot issue a Mandamus in the absence of a Page No.2 of 4

statutory duty on the part of the Bar Council to conduct an enquiry on all these private complaints. Hence, this Writ Petition is dismissed. No costs. (R.S.M, J.) (L.V.G, J.) 16.10.2024 Index : No : No smn2 To The Secretary, Bar Council of Tamilnadu and Puducherry, Hon'ble Madras High Court Campus, Chennai - 600104.

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R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

smn2 ORDER MADE IN DATED : 16.10.2024 Page No.4 of 4