The Court dismissed a writ petition seeking a mandamus to direct the Secretary of the Bar Council of Tamil Nadu to enquire into a representation by the petitioner. The Court held that without a statutory duty, no writ lies and the petitioner was not entitled to aver that a civil wrong was inflicted.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2017
CORAM
THE HON'BLE Mr. JUSTICE M.M.SUNDRESH and THE HON'BLE Mr. JUSTICE K.RAVICHANDRABAABU
W.P.No.44789 of 2016
I.Sam Jegan .. Petitioner
Vs.
1.The Secretary,
Bar Council of Tamil Nadu and
Puducherry,
High Court Campus, Chennai – 104.
2.The Secretary,
Bar Council of India,
21, Rose Avenue,
Institutional Area,
New Delhi – 110 002. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first respondent to dispose of the representation dated 11.04.2016 of the petitioner by holding an enquiry as per law.
For Petitioner : Mr.R.Kannan For Respondents : Mr.S.Y.Masood for R1
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.)
The petitioner, who is a practising advocate, has filed this writ petition, seeking a direction to the first respondent to look into the representation made on 11.04.2016, which is directed against the resolution passed against him by the local bar.
2.Learned counsel appearing for the petitioner submits that the resolution is factually incorrect and it is motivated.
3.We are not inclined to entertain this writ petition. Unless and until there is a statutory duty imposed upon the respondents to look into the complaint made, a writ of mandamus would not lie. If the petitioner has got any grievance against the local bar, which has passed the resolution, he has to work out the remedy in the manner known to law, provided there is a civil wrong inflicted on him. Further more, the local bar has also not been added as party respondent in this writ petition. The resolution per se will not give any cause of action to file a writ petition. Accordingly, the writ petition is dismissed. No costs.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
mmi
To
1.The Secretary,
Bar Council of Tamil Nadu and
Puducherry,
High Court Campus, Chennai – 104.
2.The Secretary,
Bar Council of India,
21, Rose Avenue,
Institutional Area,
New Delhi – 110 002.
1 cc to Mr.R. Kannan, Advocate Sr.5320
W.P.No.44789 of 2016
NM(CO)
Eu 17.2.17
2 issues framed by the court
Whether a writ of mandamus can be issued directing the Bar Council of Tamil Nadu to dispose of a representation against a resolution passed by the local bar.
Whether the existence of a grievance regarding a resolution by the local bar confers a cause of action for a writ petition without statutory duty.
I. Sam Jegan
The Secretary, Bar Council of Tamil Nadu and Puducherry
The Secretary, Bar Council of India
M.M. Sundresh
K. Ravichandran Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
