2023/MHC/4600

W.P.(MD)No.24436 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 09.10.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

W.P.(MD)No.24436 of 2023

1.Sethuraman
2.C.S.Gopalakrishnan
3.P.Sridhar
4.Rajasekar
5.Vanaja
6.Km.Sundaravadivel ...Petitioners

-Vs.-

1.The Chairman,
The Bar Council of India,
No.21, Rouse Avenue Institutional Area,
Near Bal Bhawan,
New Delhi – 110 002.

2.The Secretary,
Bar Council of Tamil Nadu and Puducherry,
High Court Buildings,
Chennai – 600 104.

3.The Secretary,
The Trichirappalli Bar Association,
District Court Campus, Cantonment,
Tiruchirappalli – 620 001.

4.V.Kanagaraju
5.R.Ramachandran ...Respondents

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 W.P.(MD)No.24436 of 2023

PRAYER:- Writ Petition filed under Article 226 of Constitution of India,

praying for issuance of a Writ of Mandamus, to transfer the Complaint in
TNECR No.5/2021 and TNECR No.6/2021 pending on the file of the 2nd
respondent to the 1st Respondent in the light of Section 36B of the
Advocates Act, 1961.

For Petitioner : Mr.I.Romeo Roy Alfred

For Respondents : Mr.K.R.Laxman

for R1 to R3
****
ORDER

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

The Writ Petition on hand has been instituted to transfer

Complaint in TNECR No.5/2021 and TNECR No.6/2021 pending on the

file of the 2nd respondent Bar Council of Tamil Nadu and Puducherry to

the 1st Respondent Bar Council of India in the light of Section 36-B of

the Advocates Act, 1961.

2. By consent of both sides, the Writ Petition itself is taken up

for final disposal at the time of admission itself. Considering the nature

of the order proposed to be passed in this Writ Petition, notice to the

respondents 4 and 5 is dispensed with.

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 W.P.(MD)No.24436 of 2023

3. The petitioners state that they are the Members of the

Tiruchirappalli Bar Association and also the Members of the Verification

Committee set up by the Tiruchirappalli Bar Association vide Resolution

passed in the General Body Meeting dated 29.06.2018. With reference to

the allegations of fake lawyers, who have secured invalid degree and

practising as lawyers in District Court, the Secretary, Tiruchirappalli Bar

Association has submitted a complaint. Though the complaint was

submitted in the year 2019, the Bar Council of Tamil Nadu and

Puducherry has failed in their duty to dispose of the complaint as per the

time limit prescribed under the statutes and rules. Thus, the petitioners

are constrained to move the present Writ Petition.

4. Learned counsel appearing on behalf of Bar Council of

Tamil Nadu and Puducherry made a submission that the subject

complaint has already been transferred to the 1st respondent in D.C.No.67

of 2022 on 16.12.2022 and now the complaint is pending before the Bar

Council of India for adjudication and to pass orders.

5. We are frequently receiving Writ Petitions regarding non-

disposal of complaints by the Bar Council of Tamil Nadu and

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 W.P.(MD)No.24436 of 2023

Puducherry, within the time limit prescribed which cannot be

appreciated. The Bar Council of Tamil Nadu and Puducherry on receipt

of any such complaint is expected to dispose of the same by strictly

adhering to the time limit contemplated under the statutes and rules in

force. Delay in disposal would cause prejudice to the interest of the

complainant as well as the persons / lawyers defending the complaint,

since the parties have to face the trial before the Bar Council of India by

travelling to New Delhi. Such circumstances would cause hardships to

the persons, who all are facing the complaint. In order to mitigate the

circumstances, the Bar Council of Tamil Nadu and Puducherry is

expected to be dutiful so as to ensure that the complaints received are

disposed of within the time limit prescribed so as to avoid further

hardship to the parties to the complaint. We expect and hope that the Bar

Council of Tamil Nadu and Puducherry will take all appropriate actions

to ensure that the pending complaints are disposed of within the time

limit prescribed.

6. Since in the present case, the complaint was submitted in the

year 2019 and pending for about four years, the first respondent Bar

Council of India is directed to dispose of the same within a period of six

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 W.P.(MD)No.24436 of 2023

months from the date of receipt of a copy of this order by following the

procedures as contemplated and by affording opportunity to the parties.

7. With the above directions, the Writ Petition stands disposed

of. No costs.

[S.M.S.J.,] & [V.L.N.J.,]

NCC :Yes/No 09.10.2023
Index :Yes/No
SJ

To

1.The Director,
City Town Planning Authority,
807, Anna Salai,
Chennai – 600 002.

2.The District Collector,

Madurai District,
Madurai.

3.The Member Secretary,

Madurai Town Planning Authority,
Madurai.

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 W.P.(MD)No.24436 of 2023

S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.

SJ

W.P.(MD)No.24436 of 2023

09.10.2023

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