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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ.
K.Kokila – Appellant
Versus
The Secretary, The Bar Council of India – Respondent
WP.No.2758 of 2022
Decided on : 13-06-2024
DISMISSAL - WRIT PETITION - The court dismissed the writ petition for non-prosecution as the petitioner failed to appear on multiple occasions, indicating a lack of interest in pursuing the matter. The court emphasized the importance of the petitioner's presence in legal proceedings and the consequences of failing to engage with the court process.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Mandamus to direct the respondents to consider a representation for a certified copy of a certificate of practice.
Finding of the Court:
The court noted that the petitioner did not appear for the hearing on two scheduled dates, which led to the conclusion that the petitioner was not interested in pursuing the case.
Issues: Whether the writ petition should be dismissed for non-prosecution due to the petitioner's absence in court.
Ratio Decidendi: The court held that the absence of the petitioner on multiple occasions justified the dismissal of the writ petition, reinforcing the principle that parties must actively engage in the legal process.
Result: The writ petition was dismissed for non-prosecution with no costs.
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 respondents to consider the representation dated 29.01.2022 to grant a certified copy of certificate of practice in the petitioner name bearing AIBE Roll No.:63213261 as per the due process of law within the time stipulated by this Hon'ble Court and pass such further other order as this Hon'ble Court deem fit.
When the matter was listed for hearing on 11.06.2024, none appeared on behalf of the petitioner. In order to give opportunity to the petitioner, this Court passed an order, directing the Registry to list this matter under the caption “For Dismissal” on 13.06.2024.
2. Even today i.e., on 13.06.2024, when the matter is taken up for hearing, none appeared for the petitioner. Thus, it is evident that the petitioner is not interested in pursuing the matter. Accordingly, the Writ Petition in W.P.No.2758 of 2022 stands dismissed for non-prosecution. No costs.
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear and show interest in the proceedings.
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear in court, demonstrating a lack of interest in the proceedings.
A writ petition can be dismissed for non-prosecution if the petitioner shows a lack of interest in pursuing the case.
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear and show interest in the proceedings.
A writ petition can be dismissed for non-prosecution if the petitioner fails to show interest in pursuing the case.
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear and show interest in the case.
A writ petition becomes infructuous when the circumstances that necessitated the petition no longer exist, such as the retirement of the respondent.
The Bar Council is mandated to investigate complaints against advocates and enforce prohibitory orders to maintain the integrity of the legal profession.
The court affirmed the right of a petitioner to seek a revision under Section 48A of The Advocates Act when a complaint is dropped by the Bar Council, emphasizing adherence to due process.
The court reaffirmed that statutory remedies provided under the Advocates Act must be exhausted before seeking judicial review under Article 226 of the Constitution.
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