A.P.Murugan Vs the Principal District Judge

order dated 16.08.2024 issued by the learned Principal District Judge, Tiruppur District stating that the appellant is ineligible for registration as an Advocate Clerk.

¶24

The learned Counsel for the appellant would submit that the

¶25

learned Principal District Judge has not assigned any reason for rejection and the appellant is entitled to know the reason and thus the impugned order is infirm and to be set aside.

¶26

The writ Court adjudicated the facts and found that the appellant

¶27

has involved in a criminal case of theft of promissory notes from the Court custody. Therefore, he was found as a tainted person and thus the learned Principal District Judge has rightly rejected the application submitted by the appellant seeking registration as an Advocate Clerk.

¶28

Page 2 of 5

¶29

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

¶30

WA.No.1025 of 2025

¶31

The registration of an Advocate Clerk is to be made under the

¶32

Advocates' Clerk Rules, 1988. Rule 7 stipulates that "the competent authority shall reject the application of a person for grant of certificate of registration, if the applicant is not qualified, or is in the opinion of the competent Authority, not a desirable person for grant of such certificate." Rule 12 speaks about removal of Advocate Clerk, which reads as under:

¶33

"12.A recognised clerk shall be liable to be removed by the competent authority from the register of recognised clerks and his certificate of registration shall be liable to be canceled in the following circumstances, namely:(i)When the advocate who had employed him ceases to practise or has terminated his services; (ii) When he ceases to be under the employment of the advocate as whose recognised clerk he has been registered (iii)When he is convicted of an offence involving moral turpitude;(iv) When he is declared as a tout; (v)for contravention of the Rules framed therein; or (vi) for any good and sufficient reason."

¶34

Therefore, for any good and sufficient reasons and the Authority competent subjectively arrived a conclusion and in his opinion that an applicant is not a desirable person for grant of certificate, then he is empowered to rejected the same.

¶35

Page 3 of 5

¶36

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

¶37

WA.No.1025 of 2025

¶38

In the present case, the appellant has involved in a criminal case

¶39

of theft of promissory note from the Court custody Therefore, the competent Authority has found the applicant is not a desirable person for grant of certificate of registration. This Court do not find any unreasonableness or

¶40

reason to interfere. Thus, the writ appeal is devoid of merits and stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

¶41

[S.M.S,J.] [K.R.S,J.]

¶42

07.04.2025

¶43

veda Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No

¶44

To The Principal District Judge, Tiruppur District, Tiruppur.

¶45

Copy to: The Registrar General, High Court of Madras, Chennai - 600 104.

¶46

Page 4 of 5