Dismissed

K. Rajendran, v. Bar Association

Kerala HC21 Feb 2022WP(C)/2841/2022

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a Bar Association's suspension of a member for dispute-related non-payment. The Court refused relief due to the petitioner's failure to comply with an interim order to deposit funds and held that Article 226 does not cover such internal suspensions.

What did the court decide?

No relief; the writ petition is dismissed as the petitioner did not comply with interim directions and the suspension is not subject to Article 226.

K. Rajendran, Vs Bar Association — 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 P.V.KUNHIKRISHNAN

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MONDAY, THE 21^ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943

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WP(C) NO. 2841 OF 2022

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PETITIONER:

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K. RAJENDRAN, AGED 37 YEARS ADVOCATE, ENROLLMENT NO.K/632/2009, S/O.V. KRISHNAN, THULASI COMPLEX, ATTINGAL 695 101. BY ADVS. V.MAHENDRANATH P.T.SHEEJISH ASHA VARGHESE

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RESPONDENTS:

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1 BAR ASSOCIATION ATTINGAL, REPRESENTED BY ITS SECRETARY, ATTINGAL COURT CAMPUS, ATTINGAL - 695 101. 2 THE PRESIDENT, BAR ASSOCIATION, ATTINGAL, ATTINGAL COURT CAMPUS, ATTINGAL - 695 101. 3 THE SECERTARY, BAR ASSOCIATION, ATTINGAL, ATTINGAL COURT CAMPUS, ATTINGAL - 695 101. BY ADV. M.DINESH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2841 OF 2022

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P.V.KUNHIKRISHNAN, J

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

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W.P.(C)No. 2841 of 2022

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

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Dated this the 21^st day of February, 2022

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JUDGMENT

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The above writ petition is filed with the following

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prayers:

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“(i) Issue a writ of certiorari or command quashing EXT-P1 and EXT-P3 proceedings passed by the respondents suspending the petitioner from 1^st respondent Association.

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(ii) Issue a writ, command or direction to the 1^st respondent Association not to proceed with the disciplinary proceedings initiated as against the petitioner under EXT-P1 and P3.

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(iii) Grant such other reliefs which this Hon’ble Court may deem fit and proper to grant in the circumstances of the case in order to meet the ends of Justice .”[SIC]

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The petitioner is a practicing lawyer and a member of the 1^st respondent association. There occurred a dispute between the petitioner and another counsel who are members of the same Bar association. Petitioner gave a complaint to the Bar association. It is

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WP(C) NO. 2841 OF 2022

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an admitted fact that the petitioner agreed to pay the amount in dispute. But according to the petitioner, due to some personal inconvenience, he was unable to pay the amount. Accordingly, the 1^st respondent initiated disciplinary proceedings against the petitioner and the petitioner was suspended from the association for a period of three months. Aggrieved by the same, this writ petition is filed. According to the petitioner, the 1^st respondent association prevented the petitioner from doing his avocation.

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When this writ petition came up for consideration on 28.01.2022, this Court passed an interim order of stay of the operation of Ext.P3 on condition that the petitioner deposits the amount within two weeks. It will be better to extract the order dated 28.01.2022.

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“Admit.

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Issue urgent notice by speed post to the respondents.

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Post on 14.02.2022.

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In the meanwhile, there will be an interim order staying the operation of Ext.P3 on condition that the

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WP(C) NO. 2841 OF 2022

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petitioner deposits an amount of Rs.10,000/-(Rupees Ten thousand only) within two weeks.”

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When this writ petition came up for

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consideration on 14.02.2022, the counsel appearing for

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the respondents submitted that the amount as directed by this Court is not deposited by the petitioner. The counsel appearing for the petitioner submitted that his instruction is that the petitioner already deposited the amount and he will produce the receipt. Thereafter this matter came up for consideration before this Court on 16.02.2022 and on that date the case was adjourned to 18.02.2022. When this writ petition came up for consideration on 18.02.2022, an affidavit of apology is submitted by the petitioner in this case for the non compliance of the order dated 28.01.2022. It is also conceded by the counsel for the petitioner that, even on that date the amount as directed by this Court on 28.01.2022 is not deposited by him. Thereafter, this case is listed today. Today also the counsel for the petitioner conceded that the amount is not paid and he

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WP(C) NO. 2841 OF 2022

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submitted that he is not in a position to pursue his client any further. In the light of the above submission, this Court is not in a position to pass any order in favour of the petitioner. Moreover, Ext.P3 is only a suspension order for a period of three months for the noncompliance of a direction issued by the association. This Court while invoking the powers under Article 226 of the constitution of India can not interfere with such orders. Moreover, the petitioner is not even ready to comply the directions issued by this Court as per order dated 28.01.2022. In such circumstances, no discretionary relief can be granted to the petitioner.

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Accordingly, this writ petition is dismissed.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 2841 OF 2022

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APPENDIX OF WP(C) 2841/2022

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PETITIONER EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17.12.2021 ISSUED BY THE IST RESPONDENT.

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EXHIBIT P2 THE TRUE COPY OF THE EXPLANATION DATED 20.12.2021 GIVEN BY THE PETITIONER.

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EXHIBIT P3 THE TRUE COPY OF THE MESSAGE OF THE IST RESPONDENT SERVED ON THE PETITIONER.

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RESPONENTS EXHIBITS : NIL

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//TRUE COPY//

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PA TO JUDGE

K. Rajendran, v. Bar Association

Case brief

What is this about?

What did the court decide?

K. Rajendran, v. Bar Association

Case brief

What is this about?

What did the court decide?

What the court decided

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