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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, C.Kumarappan, JJ.
K.S.Lokesh - Petitioner
Versus
The Bar Council of Tamil Nadu & Puducherry, Represented by its Registrar, Disciplinary Committee – Respondents
W.P.No.18333 of 2023, W.M.P.Nos.17537 to 17539 of 2023
Decided On : 11-06-2024
WITHDRAWAL - WRIT PETITION - The court addressed a writ petition filed under Article 226 of the Constitution of India, seeking to quash a resolution deemed arbitrary and an abuse of process. The petitioner, through counsel, requested permission to withdraw the petition, leading to its dismissal as withdrawn without costs.
Fact of the Case:
The petitioner filed a writ petition under Article 226 challenging the resolution No.133/2023 and the proceedings before the Disciplinary Committee, claiming they were arbitrary and an abuse of process.
Finding of the Court:
The court noted the petitioner's counsel's request to withdraw the writ petition and acknowledged the endorsement made in the case bundle.
Issues: Whether the writ petition could be withdrawn by the petitioner and what implications this has on the resolution and proceedings challenged.
Ratio Decidendi: The court concluded that the petitioner's request to withdraw the writ petition was valid, leading to the dismissal of the case without further examination of the merits.
Result: The writ petition was dismissed as withdrawn, and no costs were imposed.
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records of the first respondent relating to its resolution No.133/2023 dated 03.02.2023 and to quash the same along with its referring of proceedings before the Disciplinary Committee No.I in D.C.C.No.87/2023 as it is arbitrary, abuse process of law and maintainable.
Mr.W.Camyles Gandhi, learned Counsel appearing on behalf of the petitioner sought permission of this Court to withdraw the writ petition and he has also made an endorsement to that effect in the case bundle.
2. In view of the above submission and endorsement made by the learned counsel for the petitioner, this Writ Petition stands dismissed as withdrawn. No costs. Connected WMP's are closed.
A petitioner has the right to withdraw a writ petition under Article 226 of the Constitution, leading to its dismissal without costs.
A writ petition under Article 226 can be rendered unnecessary if the action being challenged has been withdrawn or dropped by the authority.
The transfer of a disciplinary complaint to the Bar Council of India under Section 36B of The Advocates Act allows the complainant to pursue their case in the appropriate legal forum.
The necessity to exhaust statutory appeal remedies under the Advocates Act before seeking judicial review is a fundamental principle in legal proceedings concerning disciplinary actions.
The transfer of a complaint to the Bar Council of India under Section 36B of the Advocates Act establishes the appropriate jurisdiction for disciplinary matters involving advocates.
The necessity to exhaust statutory appellate remedies before seeking judicial review in disciplinary matters under the Advocates Act, 1961.
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....
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 petitioner has the right to withdraw a writ petition when circumstances change, such as the revocation of a suspension.
A writ petition challenging an administrative order becomes moot when the underlying disciplinary proceedings result in a finding of not guilty.
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