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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
Writ Petition - Enrolment as Advocate - The court dismissed the writ petition as withdrawn based on the petitioner's counsel's endorsement, indicating the petitioner's choice to withdraw the application for enrolment as an advocate.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Result: The writ petition was dismissed as withdrawn, with no costs imposed.
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 In view of the endorsement made by the learned counsel for the petitioner, the Writ Petition stands dismissed as withdrawn.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.
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.
Full disclosure of criminal involvement is essential for enrollment as an Advocate, and failure to disclose such information can lead to dismissal of the application.
A writ petition under Article 226 can be withdrawn if the circumstances surrounding the case change, making the petition moot.
The court has the discretion to grant permission for the withdrawal of a writ petition with liberty to approach the High Court.
A petitioner has the right to withdraw a Writ Petition under Article 226, leading to its dismissal without costs.
A writ of mandamus is not maintainable when the matter has already been adjudicated by the appropriate authority.
Petitioner allowed to withdraw writ petition with liberty to file a fresh petition.
A writ petition under Article 226 becomes infructuous when the relief sought has already been granted, negating the need for judicial intervention.
A petitioner has the right to withdraw a writ petition at any stage, and the court will dismiss it accordingly without imposing costs.
A writ petition can be dismissed for non-prosecution if the petitioner shows a lack of interest in pursuing the case.
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