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S. M. SUBRAMANIAM, C. KUMARAPPAN
Ayyalusamy – Appellant
Versus
Secretary, Bar Council of Tamil Nadu and Puducherry – Respondent
ORDER :
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 1 and 2 to take action on the representation made by the petitioner against the third respondent and to dispose the complaint on merits with a specified time frame as may be fixed by this Hon'ble Court and pass such further or other orders as may be deemed fit and necessary in the circumstances of the case.
When the matter was listed for hearing on 04.06.2024, 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 11.06.2024.
2. Even today i.e., on 11.06.2024, 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.18600 of 2021 stands dismissed for non-prosecution. No costs.
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.
The court reaffirmed that statutory remedies provided under the Advocates Act must be exhausted before seeking judicial review under Article 226 of the Constitution.
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 court established that grievances regarding misconduct against advocates should be addressed through the revision process under Section 48A of The Advocates Act, rather than through writ petition....
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear and show interest in the proceedings.
A writ petition under Article 226 can be withdrawn if the circumstances surrounding the case change, making the petition moot.
A writ petition under Article 226 is not the appropriate remedy when a complaint has been dismissed for lack of a prima facie case; the petitioner may seek recourse through a Revision Petition under ....
A writ petition can be dismissed for non-prosecution if the petitioner fails to appear and show interest in the case.
A writ petition under Article 226 can be rendered unnecessary if the action being challenged has been withdrawn or dropped by the authority.
A writ of mandamus is not maintainable when the matter has already been adjudicated by the appropriate authority.
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