Shanjai Priyan.R v. The Bar Council Of Tamilnadu And Pondicherry

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.26957 of 2022 R.Shanjai Priyan ... Petitioner -vs1. The Bar Council of Tamilnadu and Pondicherry, High Court Campus, Chennai.

2. The Chairperson, Enrolment Campus, The Bar Council of Tamilnadu and Pondicherry, High Court, Campus, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 2, to consider the petitioner's Enrolement Application number PR1222981, dated 28.06.2020, within the stipulated period fixed by this Honourable Court. For Petitioner :

Mr.KA.Raamakrishnan For Respondents :

Mr.V.Kannan Standing Counsel

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 to 2, to consider the petitioner's Enrolement Application number PR1222981, dated 28.06.2020, within a time frame.

2. Heard Mr.KA.Raamakrishnan, learned counsel for the petitioner and Mr.V.Kannan, learned Standing Cousel, appearing for the respondents.

3. The Petitioner who completed Bachelor of Law degree course submitted online application on 28.06.2022, 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 enrolment was kept pending without any progress 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.107 of 2016, against him.

4. Learned counsel for the petitioner submitted that due to a family dispute prevailing between him and his brother-in-law, an FIR in Crime No.107 of 2016, has been registered against the petitioner. He 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 28.06.2022, 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 28.06.2022, on its own merits and in accordance with law, within a period of six 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.] 30.11.2022 Index : Yes / No Internet : Yes / No pkn

To:

1. The Bar Council of Tamilnadu and Pondicherry, High Court Campus, Chennai.

2. The Chairperson, Enrolment Campus, The Bar Council of Tamilnadu and Pondicherry, High Court, Campus, Chennai.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.26957 of 2022 30.11.2022