Bharathiraja S v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.27487 of 2022 and W.M.P.(MD)No.21585 of 2022 S.Bharathiraja ... 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, Ponnamaravathi Police Station, Pudukottai, Pudukottai District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondent to permit the petitioner to enroll as an Advocate in the Bar Council of Tamilnadu & Puducherry, based on the petitioner's enrollment application dated 16.09.2021, within stipulated time fixed by this Court.

For Petitioner : Mr.A.S.Krishnan For R1 and R2 : Mr.K.R.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 16.09.2021, within a time frame.

2.According to the petitioner, after completing L.L.B., Course, he applied for enrollment with the respondents 1 and 2 on 16.09.2021. At the time of submitting the application, the petitioner has mentioned the criminal case pending against him in Crime No.31 of 2018 on the file of the 3rd respondent for the offences punishable under Sections 147, 294(b), 323 and 506(i) IPC. The 3rd respondent has also filed a final report before the learned Judicial Magistrate, Thirumayam, which was taken on file in C.C.No.27 of 2020 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 16.09.2021 will be considered on 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 16.09.2021 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.] 02.12.2022 Index : Yes / No Internet : Yes / No sj To 1.The Inspector of Police, Ponnamaravathi Police Station, Pudukottai, Pudukottai District.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

sj W.P.(MD)No.27487 of 2022 02.12.2022