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Madras High CourtWP(MD)/27607/2023dismissed

Adeline Jeyachandrika C v. The Bar Council Of Tamilnadu And Puduchery

2023-11-21Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD)No.23711 of 2023 C.Adeline Jeyachandrika ... Petitioner Vs.

1.The Bar Council of Tamil Nadu and Puduchery, High Court Gate No.4, NSC Bose Road, George Town, Chennai-PIN-600104.

2.The President, The Bar Association of Sattankulam, Sattankulam Court Campus, Thoothukudi District-PIN-628 704.

3.The Bar Association of Sattankulam, Represented through its Secretary, 1/4

Sattankulam Court Campus, Thoothukudi District-PIN-628 704.

4.The Election Officer, Sathankulam Bar Association, Sattankulam Court Campus, Thoothukudi District-PIN-628 704.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order dated 10.11.2023 issued by the 2nd respondent and quash the same as illegal and further to direct the respondents 2 and 3 to allow the Sattankulam Bar Association to function following the election mandate upon the election held on 22.05.2023. For Petitioner : Mr.Rajiv Rufus, For Mr.D.Srinivasaragavan For R1 to R3 : Mr.K.R.Laxman

ORDER

(Order of the Court was made by V.LAKSHMINARAYANAN, J.) The order under challenge is the removal of the petitioner from the Bar Association of Sattankulam. The Bar Association of Sattankulam is a private body and it is not performing public function. Therefore, it is not amenable to Writ jurisdiction under Article 226 of Constitution of India. 2/4

2.The petitioner pleads that she has been removed without following due process of law. This plea can be raised before the jurisdictional civil Court. Therefore, permitting the petitioner to move the jurisdictional civil Court, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S., J.) & (V.L.N., J.) 21.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 3/4

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

Yuva 21.11.2023 4/4