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Madras High CourtWP(MD)/2529/2013disposed of

A.Muthum Perumal Pillai, v. The Bar Council Of India

2017-02-23Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No. 2529 of 2013 and M.P(MD)No.1 of 2013 A.Muthum Perumal Pillai ... Petitioner vs.

1.The Bar Council of India, represented by its Secretary, Bar Council of India Bhawan, 21, Rouse Avenue Institutional Area, New Delhi - 110 002.

2.The Karnataka State Bar Council, represented by its Secretary, Old K.I.G.I.D Building, Dr.Ambedkar Veedi, Bengaluru - 560 001.

3.The Bar Council of Tamil Nadu, represented by its Secretary, Bar Council Buildings, High Court Campus, Chennai - 600 104.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India Praying this Court for issuance of a Writ of Mandamus directing the third respondent Bar Council of Tamil Nadu to consider and pass orders forthwith on the Petitioner's application for transfer of Enrolment dated 27.12.2010(forwarded by the first respondent Bar Council of India to the third respondent Bar Council of Tamil Nadu) together with the representation to them dated 24.8.2011.

For Petitioner : M/s.S.Xavier Rajini For Respondent-1 : No appearance For Respondents : M/s.M.Subash Babu 2 and 3

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the third respondent Bar Council of Tamil Nadu to consider and pass orders forthwith on the Petitioner's application for transfer of Enrolment dated 27.12.2010(forwarded by the first respondent Bar Council of India to the third respondent Bar Council of Tamil Nadu) together with the representation to them dated 24.8.2011.

2.Heard the submissions on either side and perused the materials placed before this Court.

3.The Petitioner who intended to transfer his enrolment from Karnataka Bar Council to TamilNadu Bar Council, made an application with Bar Council of India on 27.12.2010, enclosing the No Objection Certificate from the Karnataka State Bar Council also.

4.According to the Petitioner, the first respondent/Bar Council of India has also directed the Karnataka Bar Council to remove the name of the Petitioner from their rolls for the purpose of transferring his name to the Bar Council of Tamil Nadu. The Petition was pending before the Bar Council of Tamil Nadu and since no orders were passed by the third respondent, the Petitioner had given a representation on 24.8.2011 which is also pending.

5.In view of the limited scope of the prayer sought for in this writ petition and without going into the merits of the claim made by the Petitioner, there shall be a direction to the third respondent to consider the petitioner's application, dated 27.12.2010 together with his subsequent representation, dated 24.8.2011 on its own merits and pass orders, 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. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar vsn

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

2.The Secretary, Karnataka State Bar Council, Old K.I.G.I.D Building, Dr.Ambedkar Veedi, Bengaluru - 560 001.

3.The Secretary, Bar Council of Tamil Nadu, Bar Council Buildings, High Court Campus, Chennai - 600 104.

+1cc to Mr.M.Subbash Babu, Advocate Sr.No. 10560 +1cc to Mr.Xavier Rajini, Advocate Sr.No. 10312 JAM/28.02.17 /RSK/ SAR 3/ 3p-6c W.P.(MD)No. 2529 of 2013 and M.P(MD)No.1 of 2013 23.02.2017