High Court of KeralaWP(C)/24834/2015disposed of

Syamalakumari v. Bar Council Of Kerala

2015-08-174 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 WP(C).No. 24834 of 2015 (D) ----------------------------------------- PETITIONER(S):

---------------------- SYAMALAKUMARI N, ADVOCATE, SYAMALALAYAM, VILAKKUDY P.O, KUNNICODE, KOTTARAKKARA, KOLLAM DISTRICT.

BY ADVS.SRI.S.VINOD BHAT SRI.LEGITH T.KOTTAKKAL RESPONDENT(S):

-------------------------

1. BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, KOCHI 682 031, REPRESENTED BY ITS SECRETARY.

2. KERALA ADVOCATES WELFARE FUNDS TRUSTEE COMMITTEE, BAR COUNCIL BHAVAN, HIGH COURT COMPLEX, KOCHI 682 031. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24834 of 2015 (D) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE LETTER NO.KBC/614/2015 DATED 13.5.15 ISSUED BY THE IST RESPONDENT.

EXHIBIT P2.

COPY OF THE APPLICATION IN FORM VII DATED 24.6.15. EXHIBIT P3.

COPY OF THE AFFIDAVIT SWORN BY THE PETITIONER. EXHIBIT P4.

COPY OF THE LETTER DATED 24.6.15 SENT BY THE PETITIONER. EXHIBIT P5.

COPY OF THE CERTIFICATE OF ENROLMENT ISSUED BY THE IST RESPONDENT IN FAVOUR OF THE PETITIONER DT.23/1214. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.24834 of 2015 ---------------------------------------------- Dated this the 17th day of August, 2015

JUDGMENT

The petitioner, who was a practicing lawyer in the State Roll of Advocates, maintained by the Bar Council of Kerala, the 1st respondent herein, has filed this writ petition seeking a writ of mandamus commanding the respondents to consider Ext.P2 application at the earliest and disburse the amounts due out of the Fund under the Kerala Advocate Welfare Fund Act, 1980.

2. Today, when the case was taken up for admission, the learned Senior Counsel appearing for the respondents would submit that, by Ext.P1 the petitioner was requested to make an application for withdrawal of the Welfare Fund as early as possible so that it can be placed before the Council Meeting scheduled to be held on 24.05.2015. But Ext.P2 application submitted by the petitioner dated 24.06.2015 reached the 1st respondent much after that Council meeting. The learned Senior Counsel would submit further that Ext.P2 application submitted by the petitioner will be placed before the Council in the next meeting itself.

W.P.(C) No.24834/2015 In such circumstances, this writ petition is disposed of directing respondents 1 and 2 to take appropriate decision on Ext.P2 application submitted by the petitioner in the next meeting of the Council itself and disburse the monetary benefits without any further delay.

sd/- ANIL K. NARENDRAN, JV JUDGE