Haritha K v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) No.23738 of 2023 K.Haritha ... Petitioner Vs.

1.The Secretary, All India Bar Council of India, 21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi - 110 002.

2.The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Gate No.4, NSC Bose Road, George Town, Chennai - 600 104.

3.The Secretary, Bar Council of Andhra Pradesh, High Court Buildings, Nelapadu, Ground Floor, Amaravati - 522 239, State of Andhra Pradesh.

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4.The Superintendent of Police, Sivagangai District, Sivagangai.

5.The Superintendent of Police, Trichy District, Trichy.

6.The Principal, S.B.R.T.M. Law College, Near Railway Gate, C.M. Peta, Taraka Rama Nagar, Kadapa - 516 003, State of Andhra Pradesh.

7.The Inspector of Police, Singampunari Police Station, Sivagangai District.

8.The Inspector of Police, Thiruverumbur Police Station, Trichy District.

9.S.Suganya

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the directing the respondents 2 and 3, to conduct appropriate enquiry with regard to the criminal antecedents of the 9th respondent before entertaining the application of the 9th respondent to enrol herself as Advocate based on the representation of the petitioner dated 10.10.2023 within a stipulated period as may fixed by this Court. For Petitioner : Mr.G.Aravindan 2/5

For Respondents : Mr.K.R.Laxman Standing Counsel for R1 to R3 Mr.Veeranthiran, Government Advocate for R4, R5, R7 & R8

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present Writ Petition is to direct the respondents 2 and 3 to conduct appropriate enquiry with regard to the criminal antecedents of the 9th respondent before entertaining the application of the 9th respondent to enrol herself as Advocate based on the representation of the petitioner dated 10.10.2023.

2. In the present case, mere direction to consider the representation submitted by the writ petitioner would do no service to the cause of justice. We have perused the nature of the complaint raised by the petitioner against the 9th respondent, which all are purely private in nature and such representations or actions initiated by the petitioner only out of malice and personal vengeance. If at all any allegations warranting legal action, it is for the petitioner to initiate appropriate action in the manner known to law. Contrarily, writ proceedings are not entertainable and therefore, we are inclined to dismiss the Writ Petition. 3/5

3. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. (S.M.S., J.) & (V.L.N., J.) 22.11.2023 NCC : Yes / No Index : Yes / No SJ To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Superintendent of Police, Trichy District, Trichy.

3.The Inspector of Police, Singampunari Police Station, Sivagangai District.

4.The Inspector of Police, Thiruverumbur Police Station, Trichy District.

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S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

SJ 22.11.2023 5/5