V.Jawahar Srinivas v. The Bar Council Of Tamil Nadu And Puducherry

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE V.Jawahar Srinivas ... Petitioner -vs1.The Bar Counsil of Tamil Nadu and Puducherry rep.by its Secretary High Court Campus Chennai-104 2.N.Mohan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records of Complaint No.192 of 2024, on the file of first respondent and quash the Resolution No.646 of 2024 dated 05.07.2024 and directing the first respondent to refer the Complaint No.192 of 2024 to the disciplinary committee for taking disciplinary action against the second respondent.

For Petitioner :

Mr.V.Jawahar Srinivas Party-in-Person For Respondents :

Mr.K.R.Laxman for R1 Mr.N.Mohan Party-in-Person - R2

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The resolution No.646 of 2024, dated 05.07.2024, dropping further action on the complaint filed by the petitioner in Complaint No.192 of 2024, is under challenge in this writ petition.

2. The petitioner appearing in person has articulated his case by stating that the second respondent has committed a professional misconduct. The second respondent appearing in person denied the same.

3. However, High Court, in writ proceedings, cannot adjudicate such disputed facts, since an appeal lies against the Bar Council of Tamil Nadu and Puducherry before the Bar Council of India and therefore, the petitioner has to exhaust the statuary appeal remedy before the authority concerned in accordance with law. Thus, the petitioner is at liberty to prefer

an appeal before the Bar Council of India. It is needless to state that in the event of preferring any such appeal, the period during which the present writ petition was pending before this Court shall be taken into consideration for the purpose of condoning the delay, if any.

4. With the above observation, this writ petition is disposed of. No costs.

[S.M.S., J.] [A.D.M.C., J.] 12.06.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk 12.06.2025