Dismissed¶¶45

Xxxx v. the Secretary

Madras HC7 Apr 2025WP/922/2025

Case brief

AI extract

What is this about?

W.P.No.922 of 2025; W.M.P.Nos.1109 and 2798 of 2025; High Court of Judicature at Madras; 22.04.2025; M.S. Ramesh J. and N. Senthilkumar J.; writ of mandamus; Article 226 of the Constitution; Bar Council of Tamil Nadu and Puducherry; suspension of advocate's licence to practise; 9th respondent S. Venkatesh Advocate (Ms.641/1995); DCC No.120 of 2024; I.A.No.2 of 2025 rejected on 02.03.2025; recall of final order dated 07.04.2025; matter listed 'for being spoken to'; writ petition dismissed with liberty to challenge rejection order; no order as to costs; connected miscellaneous petitions closed.

What did the court decide?

Dismissal of the writ petition with liberty to the petitioner to challenge the rejection order passed in I.A.No.2 of 2025; no order as to costs; connected Miscellaneous Petitions closed. ¶¶45

Xxxx Vs the Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissal of the writ petition with liberty to the petitioner to challenge the rejection order passed in I.A.No.2 of 2025; no order as to costs; connected Miscellaneous Petitions closed.

¶¶45

Issue for consideration

Whether a writ of mandamus should issue directing the Bar Council of Tamil Nadu and Puducherry to suspend the 9th respondent's practice as an Advocate, given that the petitioner's application I.A.No.2 of 2025 in DCC No.120 of 2024 seeking that suspension had already been rejected on 02.03.2025.

¶¶42

Ratio / Principle

Having learnt that the petitioner's application I.A.No.2 of 2025 (in DCC No.120 of 2024) had already been rejected on 02.03.2025, the Court recalled its own final order dated 07.04.2025 in this writ petition and passed a fresh order.

¶¶41

Key takeaways

Since the petitioner's application I.A.No.2 of 2025 seeking suspension of the 9th respondent's licence had already been rejected on 02.03.2025, the issuance of a writ of mandamus would not arise, and the writ petition stands dismissed.ratio¶¶45
The petitioner is granted liberty to challenge the rejection order passed in I.A.No.2 of 2025.ratio¶¶49
There shall be no order as to costs, and the connected Miscellaneous Petitions (W.M.P.Nos.1109 and 2798 of 2025) are closed.ratio

Detailed headnote1 paragraphs

Madras High Court (order made by M.S. Ramesh J., signed by M.S. Ramesh and N. Senthilkumar JJ.), 22.04.2025 — W.P.No.922 of 2025 with W.M.P.Nos.1109 and 2798 of 2025: The petitioner sought a writ of mandamus under Article 226 directing the Bar Council of Tamil Nadu and Puducherry (first respondent) to suspend the 9th respondent-advocate's (S. Venkatesh, enrolment Ms.641/1995) licence to practise till disposal of DCC No.120 of 2024. On 07.04.2025 the Bench had passed final orders directing the first respondent to consider the petitioner's representation; but on the matter being listed 'for being spoken to', the Court — noting that the petitioner's I.A.No.2 of 2025 in DCC No.120 of 2024 seeking the same suspension had already been rejected by the Bar Council on 02.03.2025 — recalled that order, held that the issuance of a writ of mandamus 'would not arise', and dismissed the writ petition with liberty to the petitioner to challenge the rejection order in I.A.No.2 of 2025. No order as to costs; connected miscellaneous petitions closed.

¶1

W.P.No.922 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 22.04.2025

¶4

CORAM :

¶5

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

¶6

W.P.No.922 of 2025

¶7

and

¶8

W.M.P.Nos.1109 and 2798 of 2025

¶9

XXXXX

¶10

D/o. Xxxxx, Chennai- 600 005.

¶11

. ..Petitioner

¶12

Vs.

¶13

The Secretary Bar Council Of Tamil Nadu And Puducherry, High Court Buildings, Chennai- 104.

¶14

The Commissioner Of Police Greater Chennai City Corporation, Veppery, Chennai- 600 007.

¶15

The Assistant Commissioner Of Police High Court Range, Esplanade, Chennai- 104.

¶16

The Inspector Of Police W-11 All Woman Police Station, High Court Range, Esplanade, Chennai- 104.

¶17

Page 1 of 7

¶18

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

¶19

W.P.No.922 of 2025

¶20

The Inspector Of Police D-3 Ice House Police Station, Chennai- 005.

¶21

The Inspector Of Police W-23 All Woman Police Station, Royapettah, Chennai- 014.

¶22

The Secretary Tamil Nadu Schedule Caste And Schedule Tribe Commission LLA Building 2nd Floor, Nearby Thousand Light Metro, No.735, Mount Road, Chennai- 02

¶23

The President

¶24

Tamil Nadu State Commission For Woman, Kalasa Mahal, Chepauk, Chennai- 05.

¶25

S.Venkatesh Advocate Office At No.10, Law Chamber, High Court Buildings, Chennai- 104.

¶26

Residing At No.245, Vishwakamal Apartment, Ramakrishna Mutt Road, Mylapore, Chennai- 004.

¶27

... Respondents

¶28

Prayer : The Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the first respondent to suspend the 9^th respondent practice as Advocate (Ms.641/1995) till disposal of the DCC No. 120 of 2024 before the first respondent.

¶29

Page 2 of 7

¶30

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

¶31

W.P.No.922 of 2025

¶32

For Petitioner	: Mr. K. Karthikeyan
For Respondent	No.1 : Mr. C.K. Chandrasekar Standing Counsel
For Respondent	: Mr. R. Muniyapparaj
Nos.2 to 6	Additional Public Prosecutor
For Respondent No.9	: Mr. N. Chandrasekharan Senior Counsel for Ms.A.F.Shabana

¶33

ORDER

¶34

(Order of the Court was made by M.S.RAMESH.J,)

¶35

On 07.04.2025, we had passed the final orders in the present Writ Petition, directing the 1^st respondent to consider the petitioner's representation seeking for suspension of the 9^th respondent's license to practise as an Advocate. Incidentally, she had also filed I.A.No.2 of 2025 before the Bar Council of Tamil Nadu and Puducherry, which was already rejected on 02.03.2025 itself and therefore, no useful purpose would be served in directing the 1^st respondent to consider the petitioner's representation. This aspect was noticed by us even before the

¶36

Page 3 of 7

¶37

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

¶38

W.P.No.922 of 2025

¶39

final order dated 07.04.2025 was dispatched by the Registry.

¶40

Accordingly, the matter was listed today under the caption “for being

¶41

spoken to”. In view of the above reasonings, the order dated 07.04.2025 passed in this Writ petition is hereby recalled and the following order is passed:-

¶42

"The prayer in the present Writ Petition is for the issuance of a Writ of Mandamus directing the Bar Council of Tamil Nadu and Puducherry, to suspend the practise of the 9^th respondent as Advocate.

¶43

Incidentally, the petitioner had also filed an application in I.A.No.2 of 2025 in DCC No.120 of 2024 before Bar Council of Tamil Nadu and Puducherry, seeking for suspension of the 9^th respondent's license.

¶44

It is now brought to our notice that on 02.03.2025, the

¶45

application in I.A.No.2 of 2025 had already been rejected. As such, the issuance of Writ of Mandamus would not arise. Accordingly, the Writ Petition stands dismissed with liberty to

¶46

Page 4 of 7

¶47

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

¶48

W.P.No.922 of 2025

¶49

the petitioner to challenge the rejection order passed in

¶50

I.A.No.2 of 2025. There shall be no order as to costs.

¶51

Consequently, connected Miscellaneous Petitions are closed."

¶52

(M.S.RAMESH J.) (N.SENTHILKUMAR J.) 22-04-2025

¶53

ASI

¶54

¶55

The Secretary

¶56

Bar Council Of Tamil Nadu And Puducherry, High Court Buildings, Chennai- 104.

¶57

The Commissioner Of Police Greater Chennai City Corporation, Veppery, Chennai- 600 007.

¶58

The Assistant Commissioner Of Police High Court Range, Esplanade, Chennai- 104.

¶59

The Inspector Of Police W-11 All Woman Police Station, High Court Range, Esplanade, Chennai- 104.

¶60

The Inspector Of Police D-3 Ice House Police Station, Chennai- 005.

¶61

The Inspector Of Police

¶62

Page 5 of 7

¶63

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

¶64

W.P.No.922 of 2025

¶65

W-23 All Woman Police Station, Royapettah, Chennai- 014.

¶66

The Secretary Tamil Nadu Schedule Caste And Schedule Tribe Commission LLA Building 2nd Floor, Nearby Thousand Light Metro, No.735, Mount Road, Chennai- 02

¶67