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2024 Supreme(Mad) 1692

S. M. SUBRAMANIAM, C. KUMARAPPAN
K. Ramachandran – Appellant
Versus
Bar Council of Tamil Nadu and Puducherry, Rep. by its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mrs.R.Kalaiyarasi
For the Respondent: Mr.M.R.Jothimanian Standing Counsel

ORDER :

S.M.SUBRAMANIAM, J.

Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in his proceeding dated 01.07.2023 vide D.C.C. No. 49 of 2023 and quash the same and consequentially to direct the respondents 1 and 2 to take appropriate legal action against the respondents 3 to 5 within the stipulated time prescribed by this Hon'ble Court and to direct the 2nd Respondent to recall the order regarding the costs of Rs.5,000/-.

The order passed by the Disciplinary Committee of the Bar Council of Tamil Nadu and Puducherry in D.C.C.No.49 of 2023 dismissing the complaint preferred by the petitioner is under challenge in the present writ petition.

2. An appeal is contemplated under Section 37 of the Advocates Act, 1961. Accordingly, the petitioner has to prefer an appeal to the Bar Council of India challenging the order passed in D.C.C.No.49 of 2023. Adjudication of disputed facts is to be made by the appellate forum in the manner known to law.

3. By granting liberty to the writ petitioner to prefer an appeal, the present writ petition stands dismissed. No costs.

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