Disposed

D.Muthukumar v. The Bar council of Tamil Nadu

Madras HC8 Dec 2022WP/24437/2022

Case brief

AI extract

What is this about?

Writ petition filed challenging non-consideration of enrollment application by the Bar Council due to pendency of a criminal case. Court directed the Bar Council to process the application and pass orders on merits within eight weeks.

What did the court decide?

Direction to the Bar Council of Tamilnadu and Puducherry to process the petitioner's application dated 13.04.2022 and pass appropriate orders on merits within eight weeks.

D.Muthukumar Vs The Bar council of Tamil Nadu — Service and Employment | Madras HC (2022)

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W.P.No.24437 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.12.2022

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CORAM :

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

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W.P.No.24437 of 2022

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D.Muthukumar .. Petitioner

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Versus

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The Bar Council of Tamilnadu and Puducherry, Rep.by its Secretary, High Court Campus, Chennai – 104.

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.. Respondent

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Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to process the petitioner's application dated 13.04.2022 and admit him for enrollment as an Advocate before the Bar Council of Tamilnadu and Puducherry.

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For Petitioner : Mr.M.Gnanasekar For Respondent : Mr.C.K.Chandrasekaran

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ORDER

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(Order of the Court was made by R. MAHADEVAN, J.)

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Heard Mr.M.Gnanasekar, learned counsel for the petitioner and

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Mr.C.K.Chandrasekaran, learned counsel appearing for the respondent.

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https://www.mhc.tn.gov.in/judis

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W.P.No.24437 of 2022

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2.The relief sought in this Writ Petition is to issue a writ of mandamus directing the respondent to process the petitioner's application dated 13.04.2022 and admit him for enrollment as an Advocate before the Bar Council of Tamilnadu and Puducherry.

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3.According to the petitioner, he has completed LLB degree during February, 2022 and made on-line application on 13.04.2022 seeking to enroll him as an Advocate, before the Bar Council of Tamil Nadu and Puducherry, enclosing the relevant certificates and undertaking affidavits. However, his name was not published in the list of candidates for enrolment and on enquiry, he came to know that his application was withheld by the respondent, citing pendency of a criminal case in Crime No.84/2016, against him. Aggrieved by the same, the petitioner is before this court with the present writ petition.

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4.The learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been falsely implicated in the criminal case, however, due to pendency of the same, his application seeking enrolment as an Advocate, has not been processed till date. However, the learned counsel submitted that it would suffice, if a direction is issued to the respondent, to

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W.P.No.24437 of 2022

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consider the petitioner's online application dated 13.04.2022, on merits and in accordance with law, within a time frame to be stipulated by this court, for which, the learned counsel appearing for the respondents has no serious objection.

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5.Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the claim made by the petitioner, there shall be a direction to the respondent to consider the petitioner's application, dated 13.04.2022 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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6.With the above direction, this Writ Petition stands disposed of. No costs.

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[R.M.D., J.] [J.S.N.P., J.] 08.12.2022

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Index : Yes / No Internet : Yes / No

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W.P.No.24437 of 2022

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R. MAHADEVAN, J. and J.SATHYA NARAYANA PRASAD, J.

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The Secretary, The Bar Council of Tamilnadu and Puducherry, High Court Campus, Chennai – 104.

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W.P.No.24437 of 2022

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08.12.2022

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D.Muthukumar v. The Bar council of Tamil Nadu

Case brief

What is this about?

What did the court decide?

D.Muthukumar v. The Bar council of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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