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M.Vinothkumar v. The Secretary

Madras HC24 Mar 2025WP(MD)/30785/2024

Case brief

AI extract

What is this about?

Removal of advocate's name from Bar Council roll; Bar Council of Tamilnadu and Puducherry; T.N.E.C.R.No.14 of 2022; Resolution No.656 of 2023; Notification No.28 of 2023; violation of natural justice / no notice or hearing; consent remand on standing counsel's fair submission; fresh consideration within four weeks; writ of certiorarified mandamus; Madurai Bench of Madras High Court; J.Nisha Banu, J.; disposed with no costs.

What did the court decide?

Impugned order set aside; matter remanded to the 1st respondent (Bar Council of Tamilnadu and Puducherry) for fresh consideration, to be completed within four weeks from receipt of a copy of the order; no costs; connected Miscellaneous Petitions closed. ¶36

M.Vinothkumar Vs The Secretary — Writ and Judicial Review | Madras HC (2025)

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WP(MD). No.30785 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 24/03/2025

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CORAM

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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WP(MD). No.30785 of 2024 and WMP(MD) Nos.25853 and 25854/2024

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M.Vinothkumar ... Petitioner

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The Secretary, The Bar Council of Tamilnadu and Puducherry, High Court Campus, Chennai - 600104..

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The Registrar, The Bar Council of Tamilnadu and Puducherry, High Court Campus, Chennai - 600104..

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C.Dinakaran, S/o.Chinnasamy, No.56b, Kalainagar 2nd Main Road, 3rd Cross Road, Madurai – 625017.. ... Respondents

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PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the entire records of impugned order passed by 1^st respondent

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1/5

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

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WP(MD). No.30785 of 2024

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in T.N.E.C.R.No.14 of 2022 dated 22.06.2023 and Resolution No.656 of 2023 dated 18.10.2023 in connection with Notification No.28 of 2023 dated 25.10.2023 quash the same as illegal arbitrary and devoid any reasons and consequently directing the 1^st and 2^nd respondent to restore the petitioner's name on the roll of the 1^st respondent by considering petitioner's representation dated on 03.12.2024 within the time stipulated by this Court.

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For Petitioner : Mr.G.Sakthi Rao

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For Respondents : Mr.K.R.Laxman for R1&R2

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ORDER

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(Order of the Court was made by J.NISHA BANU, J.)

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The writ petition has been filed challenging the impugned order passed by 1^st respondent in T.N.E.C.R.No.14 of 2022 dated 22.06.2023 and the resolution No.656 of 2023 dated 18.10.2023 in connection with Notification No.28 of 2023 dated 25.10.2023 and consequently to direct the 1^st and 2^nd respondents to restore the petitioner's name on the roll of the 1^st respondent by considering petitioner's representation dated on 03.12.2024 within the time stipulated by this Court.

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2/5

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

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WP(MD). No.30785 of 2024

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The petitioner's case is that he has completed his law degree at

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the Nagarjuna Law University and enrolled himself with the respondent Bar Council. He was married with the daughter of the 3^rd respondent. It is alleged that due to the illegal activities of the 3^rd respondent and his daughter with the unlawful prohibited elements, the petitioner has given divorce and a decree has also been obtained. However, without issuing notice and without hearing the petitioner, his name has been removed from the rolls of the respondent Bar Council. Therefore, challenging the said removal, the petitioner is before this Court.

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3.The learned counsel for the petitioner would submit that though

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it is stated in the impugned order that notice has been served on the petitioner, neither notice nor opportunity was given to the petitioner before passing the impugned order.

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The learned standing counsel appearing for the Bar Council

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would fairly submit that the impugned order may be set aside and matter may be remanded back to the respondents for fresh consideration.

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3/5

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

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WP(MD). No.30785 of 2024

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5.In view of the said submission, the impugned order is set aside

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and the matter is remanded back to the 1^st respondent for fresh consideration. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

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6.The Writ Petition is disposed of with the above direction. No

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costs. Consequently connected Miscellaneous Petitions are closed.

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[J.N.B.,J] [S.S.Y.,J] 24.03.2025

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NCC : Yes/No Index : Yes/No

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4/5

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