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2024 Supreme(Mad) 1459
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C. KUMARAPPAN, JJ.
Jonghyun Ahn – Petitioner
Versus
The Bar Council of India – Respondent
W.P. No. 20039 of 2024
Decided On : 23-07-2024
Important Points
A petitioner has the right to withdraw a writ petition under Article 226 of the Constitution of India, leading to its dismissal without further examination.
Subject
Civil Law - Writ Jurisdiction
Act Referred
Headnote
Writ Petition - Enrolment as Advocate - The court dismissed the writ petition as withdrawn based on the petitioner's counsel's endorsement, indicating the petitioner's choice to withdraw the application for enrolment as an advocate.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondents to accept and process his application for enrolment as an advocate.
Finding of the Court:
The court noted that the petitioner's counsel submitted a request to withdraw the writ petition, which was formally endorsed.
Issues: Whether the petitioner could withdraw the writ petition and what implications this has on the application for enrolment as an advocate.
Ratio Decidendi: The court recognized the right of a petitioner to withdraw a writ petition at any stage, leading to the dismissal of the case without further proceedings.
Result: The writ petition was dismissed as withdrawn, with no costs imposed.
Advocate Appeared:
For the Petitioner: Abishek Murthy.
For the Respondent: C.K. Chandra Sekar.
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to accept the petitioner application and process the same for enrolment as an advocate forthwith in accordance with law.
1. Learned counsel for the petitioner made a submission that the petitioner is preferring to withdraw the writ petition and he has made an endorsement to that effect.
2. In view of the endorsement made by the learned counsel for the petitioner, the Writ Petition stands dismissed as withdrawn. No costs.
