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S. M. SUBRAMANIAM, C. KUMARAPPAN
T. Veera Puthiran – Appellant
Versus
Bar Council of Tamil Nadu and Puducherry – Respondent
ORDER :
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, directing the 1 and 2 respondents to consider the representation and to take appropriate action on the basis of the complaint dated 09.07.2022 within the time frame fixed by this Hon'ble Court and pass further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
With reference to the complaint given by the petitioner against the 3rd respondent-Advocate, the learned counsel for the writ petitioner would submit that an prohibitory order dated 13.12.2017 has been passed by the Bar Council of Tamil Nadu prohibiting the 3rd respondent from practicing as an Advocate. The complaint is pending. That being the factum, the 3rd respondent is at liberty to participate in the enquiry proceedings and defend his case in the manner known to law. The Bar Council shall proceed with the enquiry and initiate all appropriate further actions.
2. With reference to the complaint that the 3rd respondent is maintaining name board, the petitioner is at liberty to approach the jurisdictional police, who
The Bar Council is mandated to investigate complaints against advocates and enforce prohibitory orders to maintain the integrity of the legal profession.
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 of mandamus is not maintainable when the matter has already been adjudicated by the appropriate authority.
A writ of Mandamus is not necessary when the complainant has the option to pursue the matter before a different authority, as per the provisions of the Advocates Act.
The misuse of the advocate emblem by an individual not duly enrolled as an advocate constitutes a violation of legal provisions, warranting investigation and action by relevant authorities.
The pendency of a criminal case against an applicant serves as a bar to enrollment as an advocate before the Bar Council.
The necessity to exhaust available statutory remedies before seeking judicial intervention in matters concerning the Bar Council's decisions.
The Bar Council of Tamil Nadu and Puducherry does not have jurisdiction over landlord-tenant disputes as they do not involve professional misconduct under the Advocates Act, 1961.
The Bar Council does not have jurisdiction to investigate complaints against an Advocate Commissioner; such complaints must be addressed to the court that appointed the Commissioner.
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