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[Cites 2, Cited by 0]

Madras High Court

K.Ramadoss vs The Bar Council Of Tamilnadu And ... on 31 March, 2022

Author: R. Mahadevan

Bench: R. Mahadevan, J.Sathya Narayana Prasad

                                                                                      W.P.No.32177 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 31.03.2022

                                                        CORAM

                                  THE HONOURABLE MR. JUSTICE R. MAHADEVAN
                                                           and
                    THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
                                                W.P.No.32177 of 2019
                                                        and
                                               W.M.P.No.32462 of 2019
                1.K.Ramadoss
                2.K.Vasu                                                                  .. Petitioners

                                                         Versus

                1.The Bar Council of Tamilnadu and Puducherry,
                  Rep by its Secretary,
                  High Court Complex,
                  Chennai 600 104.

                2.E.Lenin, Advocate

                3.The Secretary to Government,
                  Home Department, Government of Tamilnadu,
                  Fort St. George, Secretariat, Chennai 600 009.

                4.The Director General of Police,
                  Mylapore, Chennai.

                5.The Superintendent of Police,
                  Thiruvallur District.
                  (R3 to R5 suo-motu impleaded as per the order
                  of this court dated 10.01.2020)                                     .. Respondents

                          Writ Petition filed under Article 226 of the Constitution of India praying to
                issue a Writ of Mandamus to direct the 1st respondent Bar Council of Tamil Nadu
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                                                                                       W.P.No.32177 of 2019

                and Puducherry to fairly consider the complaint dated 30.01.2019 in complaint
                No.147 of 2019 made by the petitioners against the 2nd respondent and take such
                action in accordance with the Advocates Act, 1961 to uphold the dignity and
                nobility of the Advocate profession.


                                  For Petitioners    :     Mr.Stalin Abhimanyu

                                  For Respondents :        Mr.M.Fakkir Mohideen for R1
                                                           Mr.Leo Valan for R2

                                                         ORDER

(Order of the court was made by R. MAHADEVAN, J.) Heard all the parties and perused the documents enclosed in the typed set of papers.

2.The prayer made in this Writ Petition is to issue a writ of mandamus, directing the first respondent to consider the complaint bearing no.147 of 2019 dated 30.01.2019 made by the petitioners against the 2nd respondent and take action in accordance with law.

3.According to the petitioners, the land in Survey No.12/6 Sundaracholavaram, Poonamallee, belongs to them and the revenue records in respect of the same stand in their names. While so, the second respondent, by creating some forged certificate, attempted to grab the said land. Hence, the https://www.mhc.tn.gov.in/judis 2/4 W.P.No.32177 of 2019 petitioners, besides lodging a criminal complaint, made a complaint on 30.01.2019 to the first respondent against the second respondent, which was registered as complaint no.147 of 2019 and the same is pending without any action.

4.Considering the limited relief sought herein, this court, without going into the merits of the case, directs the first respondent to take action on the petitioners' complaint no.147 of 2019, dated 30.01.2019, by conducting enquiry, if not conducted earlier, and pass appropriate orders, on merits and in accordance with law, after providing an opportunity of hearing to the petitioners, within a period of six months from the date of receipt of a copy of this order. Such order be passed without causing any further delay and communicate the same to the petitioners.

5.With the aforesaid direction, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

[R.M.D,J.] [J.S.N.P., J.] 31.03.2022 Speaking Order : Yes/No Index : Yes / No dhk/vkr https://www.mhc.tn.gov.in/judis 3/4 W.P.No.32177 of 2019 R. MAHADEVAN, J.

AND J.SATHYA NARAYANA PRASAD, J.

vkr/dhk To

1.The Secretary, Bar Council of Tamilnadu and Puducherry, High Court Complex, Chennai 600 104.

2.The Secretary to Government, Home Department, Government of Tamilnadu, Fort St. George, Secretariat, Chennai 600 009.

3.The Director General of Police, Mylapore, Chennai.

4.The Superintendent of Police, Thiruvallur District.

W.P.No.32177 of 2019 and W.M.P.No.32462 of 2019

31.03.2022 https://www.mhc.tn.gov.in/judis 4/4