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2021 Supreme(Ker) 444

S. MANIKUMAR, SHAJI P. CHALY
Adv. K. G. Suresh S/o. K. V. Gopalan – Appellant
Versus
Union Of India, Ministry For Law And Social Welfare, Represented By Secretary, Rashtrapati Bhavan, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. V.Sethunath Sri.V.R.Manoranjan (Muvattupuzha) Sri.Prakash Kesavan Sri.V.Vinay, Advs.
For the Respondent: Sri. P. Vijayakumar, Adv., Asg, Sri. V.Tek Chand, Senior Government Pleader, Sri. Rajit, SC, Sri. Leo George, SC, Sri.George Mathews Smt.Celine Joseph, Advs.

JUDGMENT :

S. Manikumar, J.

Petitioner, claiming to be an Advocate practicing in the Pathanamthitta courts, has filed the instant writ petition, seeking the following reliefs:-

    “(i) Issue a writ, order or direction to declare that Section 17 of the Maintenance & Welfare of parents and Senior Citizens Act, 2007, is ultra vires the Constitution, and void, repugnant to Section 30 of the Advocates Act, 1960.

(ii) Issue a writ of mandamus or any appropriate writ, order or direction, declaring the right of the Advocates/Legal practitioners to represent the either parties before the Tribunal/Appellate tribunals/court, constituted under Act 56 of 2007.”

2. Facts leading to the filing of this writ petition are that petitioner has challenged the validity of Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, (Act 56 of 2007). He has contended that the said provision is against the authority or right conferred by Section 30 of the Advocates Act, 1961, which speaks about the right of advocates to practice.

3. Petitioner has further stated that Government of India have notified Section 30 of the Advocates Act, 1961, with effect from 15.06.2011, which according to him,

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