Disposed

A.K. Baburaj v. the Bar Council of Kerala

Kerala HC5 Jul 2022WP(C)/21593/2022

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by an advocate against a disciplinary complaint. The court directed the disciplinary committee to consider the petitioner's petition regarding maintainability along with the original complaint on the same date.

What did the court decide?

Direction to the third respondent to take up the petitioner's petition on maintainability along with the complaint and pass orders thereon.

A.K. Baburaj Vs the Bar Council of Kerala — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944
WP(C) NO. 21593 OF 2022

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PETITIONER/S:

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A.K. BABURAJ
AGED 61 YEARS
ADVOCATE
AGED 61 YEARS, S/O. ALIL KRISHNANKUTTY
ALIL HOUSE, PERMANENTLY RESIDING AT HOUSE NO 20/313
SHANKARAIYER JUNCTION, POOTHOLE P.O.
THRISSUR, PIN - 680004
BY ADVS.
C.HARIKUMAR
SANDRA SUNNY
ARUN KUMAR M.A

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RESPONDENT/S:

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1THE BAR COUNCIL OF KERALA
REPRESENTED BY ITS SECRETARY
BAR COUNCIL BHAVAN, NEAR HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031

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2SANTHOSH T.P.
S/O. PAVITHRAN, THOTTUNGAL HOUSE
KASTURBA ROAD, GURUVAYOOR VILLAGE
THRISSUR, PIN - 680101
3DISCIPLINARY COMMITTEE
REPRESENTED BY ITS CHAIRMAN
BAR COUNCIL OF KERALA
BAR COUNCIL BHAVAN, NEAR HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031

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OTHER PRESENT:

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ADV.REJITH FOR R1,3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 21593 OF 2022

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JUDGMENT Dated this the 5^th day of July, 2022

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The petitioner is an advocate practicing in the Courts

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in Thrissur District for the past more than 32 years. The petitioner had appeared for the second respondent in a civil suit. According to the petitioner, the suit was settled through mediation. There arose some dispute with regard to the settlement of petitioner’s professional fees. This has resulted in the 2^nd respondent filing a compliant against the petitioner before the Disciplinary Committee of the Bar Council of Kerala, alleging professional misconduct. The compliant has been taken on file as D.C.Enquiry No.16 of 2022 and on receipt of notice, the petitioner has filed Ext.P5 petition requesting to consider maintainability as the preliminary issue.

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This Writ Petition is filed seeking a direction to the third respondent to take up Ext.P5 and decide the question of maintainability before proceeding further with the complaint.

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WP(C) NO. 21593 OF 2022

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Learned Standing Counsel for the Bar Council

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submits that the complaint is posted for consideration on 31.07.2022 and Ext.P5 will also be taken up for consideration on that date.

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In such circumstances, the Writ Petition is closed, directing the third respondent to take up Ext.P5 along with Ext.P4 complaint and pass appropriate orders thereon.

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Sd/-

V.G.ARUN

JUDGE

RK

WP(C) NO. 21593 OF 2022

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APPENDIX OF WP(C) 21593/2022

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PETITIONER EXHIBITS

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EXHIBIT P1THE TRUE COPY OF THE AWARD NO 42 OF
2009 OF THE LOK ADALAT ORGANIZED BY THE
TALUK LEGAL COMMITTEE, THRISSUR ALONG
WITH THE JOINT STATEMENT DATED
06.02.2009
EXHIBIT P2THE TRUE COPY OF THE LAWYER NOTICE SENT
ON BEHALF OF THE PETITIONER DATED
12.06.2018
EXHIBIT P3THE TRUE COPY OF THE ORDER IN
CRL.M.APPL.NO 1 OF 2021 IN CRL.M.C.NO
612 OF 2021 PASSED BY THIS HON'BLE
COURT DATED 30.03.2021

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EXHIBIT P4THE TRUE COPY OF THE COMPLAINT IN D.C.
ENQUIRY NO 16 OF 2022 FILED BY THE 2ND
RESPONDENT BEFORE THE 1ST RESPONDENT
DATED 02.08.2019

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EXHIBIT P5THE TRUE COPY OF THE PETITION FILED BY
THE PETITIONER IN D.C. ENQUIRY NO 16 OF
2022 BEFORE THE 3RD RESPONDENT DATED
17.06.2022

A.K. Baburaj v. the Bar Council of Kerala

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A.K. Baburaj v. the Bar Council of Kerala

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