M.SATHISH KUMAR Vs. CHAIRMAN

JUDGEMENT

(1.) A Member of the Bar Council of Tamil Nadu and Puducherry invoked the writ jurisdiction of this Court in this writ petition seeking to quash the Resolution No.252 of 2021 dtd. 30/7/2021 passed by the third respondent.

(2.) The short and relevant facts culled out from the affidavit filed by the petitioner are that the petitioner got himself enrolled with the Bar Council of Tamil Nadu and Puducherry (in short, "BCTNP") on 19/12/2007 and his enrollment number is Ms.No.3219/2007 and he has been practising before this Court ; that the father of the petitioner, who served in the Southern Railway, is a neighbour to the first respondent, who was also a Railway Employee ; that the first respondent gave a complaint dtd. 22/7/2020 against the petitioner before the BCTNP, which was assigned No.192/2020, and vide letter Confl.No.1700/2020, dtd. 17/8/2020, he was asked to submit comments on the same ; that the petitioner submitted his comments vide reply dtd. 28/8/2020, but without considering the same in its proper perspective, the petitioner was directed to appear before the fourth respondent on 20/11/2021 for hearing ; and that the petitioner laid this writ petition praying to quash the resolution taking cognisance of the complaint.

(3.) The case of the fifth respondent before the Bar Council and before this Court is that the petitioner's father Mr.A.Mohan and himself were neighbours for around 40 years and in the year 2006, Mr.Mohan sold his house in favour of the fifth respondent vide sale deed No.6645/06, dtd. 10/1/2006 and on their request, in good faith, he allowed the petitioner family to live in the said house. Now the petitioner has been intimating him under the guise that he is an Advocate and refused to vacate and give possession of the property. When he approached the police officials, he was told that it was a civil matter. Since the fifth respondent wanted to perform his son's marriage and wanted the premises for their use, he asked the petitioner's father to vacate the house, which proved futile. In such backdrop, he filed the subject complaint before the BCTNP, inter alia, requesting to find out the proper qualification of the petitioner.