Petitioner sought enrollment as an Advocate despite a pending criminal case. Court directed the Enrollment Committee to consider the application on merits within four weeks and disposed of the writ petition.
Enrollment Committee directed to consider petitioner's application on merits within four weeks.
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W.P.(MD) No.12420 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)No.12420 of 2022
Naveen Wilson
... Petitioner
-Vs-
1.Bar Council of Tamilnadu and Puducherry, Rep. by its Secretary, High Court Campus,
Chennai – 600 104.
2.The Chairperson,
Enrollment Committee,
Bar Council of Tamilnadu and Pondicherry,
Madras High Court Campus,
Chennai – 600 104.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing Respondent to enroll the Petitioner as an Advocate
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W.P.(MD) No.12420 of 2022
on the rolls of the Bar Council of Tamilnadu and Puducherry, within a time frame fixed by this Court.
For Petitioner : Mr.M.Krishna Sreethar For R1 and R2 : Mr.K.P.Laxman, Standing Counsel
ORDER
[Order of the Court was made by R.MAHADEVAN, J.]
This Writ Petition is filed, seeking issuance of a Writ of Mandamus,
directing the 1st respondent to enroll the petitioner as Advocate in the Bar Council of Tamilnadu and Puducherry, based on his application dated 27.08.2021, within a time frame.
2.According to the petitioner, after completing B.A., L.L.B., Course,
he applied for enrollment with the 1st respondent on 27.08.2021. At the time of submitting the application, the petitioner has mentioned the criminal case pending against him in Crime No.43 of 2021 on the file of the Marthandam Police Station for the offences punishable under Sections 147, 148, 448, 427,
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W.P.(MD) No.12420 of 2022
294(b), 323, 324 and 506(2) IPC. Further according to him, no specific overtact has been attributed against him in the F.I.R. The grievance of the petitioner is that though he has not suppressed the pendency of the criminal case in the application, in the list of candidates' for enrollment published by the 1st respondent, his name was not found place and the application has not been considered till date. Hence, this Writ Petition.
3.The learned Standing Counsel appearing for the respondents 1 and 2 submitted that Enrollment Committee has been formed by the 1st respondent and the application of the petitioner dated 27.08.2021 will be considered on merits and in accordance with law by the said Committee within a period stipulated by this Court.
4.In view of the above submission, without going into the merits of the case, this Court directs the 2nd respondent – Enrollment Committee formed by the 1st respondent to consider the application of the petitioner dated 27.08.2021 and pass appropriate orders purely on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
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W.P.(MD) No.12420 of 2022
5.With the above direction, this Writ Petition is disposed of. No costs.
[R.M.D., J.] & [J.S.N.P., J.]
01.12.2022
Index : Yes / No Internet : Yes / No sj
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W.P.(MD) No.12420 of 2022
R.MAHADEVAN, J. AND J.SATHYA NARAYANA PRASAD, J.
sj
W.P.(MD)No.12420 of 2022
01.12.2022
Page 5 of 5
1 provisions across 1 enactments
Naveen Wilson
Bar Council of Tamilnadu and Puducherry
The Chairperson, Enrollment Committee, Bar Council of Tamilnadu and Pondicherry
R.Mahadevan
J.Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
