Petitioner sought writ to handover case files and expedite disciplinary complaint due to dispute with counsel. Court ordered file return presence of Bar Council and expedited inquiry.
Direction to 3rd respondent to handover files with NOC within 10 days in presence of 2nd respondent; 1st respondent to expedite order in complaint.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 22ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943
WP(C) NO. 5394 OF 2022
PETITIONER:
DR.P.V.GOVINDAN NAIR
AGED 74 YEARS
S/O MELOTH KUNHAMBU NAIR, RESIDING AT GOPIKA,
SASTHA NAGAR, AYYAPPANKAVU ROAD, THIRUVAMBADY
P.O.THRISSUR-680 022.
BY ADVS.
T.C.SURESH MENON
B.DEEPAK
RESPONDENTS:
1 BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, ERNAKULAM, KOCHI-682 031.2THE SECRETARY,
BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, HIGH
COURT CAMPUS, ERNAKULAM, KOCHI-682 031.
3A.K. BABURAJ,
ADVOCATE ROLL NO K/177/B/1985 (THRISSUR BAR
ASSOCIATION), RESIDING AT HOUSE NO 20/313,
SHANKAIYAR JUNCTION, POOTHOLE POST, THRISSUR-680
004.
BY ADVS.
PRANOY K.KOTTARAM
SUMODH MADHAVAN NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.5394 of 2022
2
P.V.KUNHIKRISHNAN, J.
W.P.(C).No.5394 of 2022
---------------------------------------------Dated this the 22nd day of February, 2022
JUDGMENT
This writ petition is filed with following prayers:
several litigations pending before various courts in Thrissur District. It is the case of the petitioner that there is some dispute between the petitioner and the 3rd respondent
3
W.P.(C).No.5394 of 2022
regarding conduct of the case. The petitioner filed Ext.P1 complaint before the Bar Council. Admittedly the same is pending before the Bar Council. The grievance of the petitioner is that because of the same, the 3rd respondent refused to return the case records along with the respective No Objection Certificate so as to enable to the petitioner to engage another counsel. The petitioner again preferred Ext.P5 application before the Bar Council with a prayer to issue a direction to handover the file. Even then there is no response from the Bar Council. In such situation this writ petition is filed.
4
W.P.(C).No.5394 of 2022
direction to expedite Ext.P1 complaint because it is pending from 02.09.2021 onwards.
Therefore, this writ petition is disposed of in the following manner:
sd/- P.V.KUNHIKRISHNAN JUDGE
JV
W.P.(C).No.5394 of 2022
5
APPENDIX OF WP(C) 5394/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE COMPLAINT PREFERRED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT, DATED 2.9.2021
Exhibit P2TRUE COPY OF THE EXPLANATION TO EXT P1
SUBMITTED BY THE 3RD RESPONDENT, DATED
11.10.2021
Exhibit P3TRUE COPY OF THE REPLICATION FILED BY
THE PETITIONER DATED 12.11.2021
Exhibit P4TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE PETITIONER IN OS NO
1915/2021 ON THE FILE OF THE MUNSIFFS
COURT, THRISSUR, DATED 23.12.2021
Exhibit P5TRUE COPY OF THE APPLICATION FILED BY
THE PETITIONER BEFORE THE 1ST
RESPONDENT, DATED 20.12.2021
2 issues framed by the court
Whether the court should direct the transfer of case records and NOC to the former counsel.
Whether the Bar Council should expedite the pending complaint.
1 provisions across 1 enactments
Dr.P.V.Govindan Nair
Bar Council of Kerala
The Secretary, Bar Council of Kerala
A.K. Baburaj
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court