IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C. KUMARAPPAN, JJ.
S. Anusuya - Petitioner
Versus
The District Collector, State Bank Road, Gopalapuram, Coimbatore & Ors. - Respondents
W.P. No. 4567 of 2020 and W.M.P. No. 5414 of 2020
Decided On : 18-06-2024
MANDAMUS - PROTECTION OF PROFESSIONAL PRACTICE - The court addressed a writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus to compel the respondents to consider the petitioner's representation for protection of her professional practice. The court emphasized the importance of maintaining integrity and respect among legal professionals, interpreting the Bar Council of India Rules as a guiding framework for professional conduct. The undertaking provided by the 4th respondent to refrain from obstructing the petitioner’s practice was pivotal in the court's decision to dispose of the writ petition without further action.
Fact of the Case:
The petitioner, a lawyer, sought a writ of mandamus against the District Collector and others, claiming that her ex-husband, also a lawyer, was obstructing her peaceful practice in the Coimbatore District Court after their divorce.
Finding of the Court:
The court found that the 4th respondent had filed an affidavit undertaking not to interfere with the petitioner's professional activities, which alleviated the concerns raised in the petition.
Issues: Whether the 4th respondent was causing obstruction to the petitioner's practice and whether the court should intervene to provide protection.
Ratio Decidendi: The court held that the legal profession requires mutual respect and integrity among practitioners, and the undertaking by the 4th respondent was sufficient to resolve the matter without further intervention.
Result: The writ petition was disposed of, with no costs, based on the undertaking provided by the 4th respondent.
ORDER :
S.M. Subramaniam, J.
[PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 02.12.2019 and consequently to direct the 1st respondent to take necessary step to provide protection to the petitioner's life and Profession.]
The writ of mandamus has been instituted to direct the respondents 1 to 3 to consider the representation of the petitioner dated 02.12.2019.
2. The petitioner and the 4th respondent/Mr. Ramesh Kumar are practicing as Lawyers in Coimbatore District Court. They married and from and out of their wedlock, one male child was born namely master Sanjay Hassan. The boy is now aged about 12 years and studying 7th standard. On account of misunderstanding, the petitioner and the 4th respondent decided to dissolve the marriage and accordingly, obtained a degree of divorce from the competent court of law. Even after divorce they are practicing in the District Court premises at Coimbatore. The petitioner sent a representation on 02.12.2019 to the District Collector stating that the 4th respondent is not allowing her to practice peacefully in District Court premises at Coimbatore and causing nuisance and obstructing her peaceful movement in the Court premises. Since the District Collector has not initiated any action, the present writ petition came to be instituted.
3. Mr. P. Nagaraju, learned Counsel appearing on behalf of the 4th and 5th respondent would submit that the 4th respondent has no such intention to cause obstruction to the peaceful practice of the petitioner in District Court campus at Coimbatore and he will not indulge in any such activities against her. The petitioner and the 4th respondent are living separately and he will not cause any disturbance to her in the Court premises. In this context, the 4th respondent filed an affidavit giving an undertaking that he will not interfere with the affairs of the petitioner and further undertakes that he will not indulge in any act and interfere with the peaceful practice of her profession and life as well in any manner.
4. In view of the affidavit filed by the 4th respondent before this Court, no further consideration is required. The petitioner and the 4th respondent are Officers of the Court and legal profession being a noble one, they are expected to maintain honesty and integrity and respect their colleagues practicing in the Court premises. The Bar Council of India Rules also stipulates that an Advocate is duty bound to respect their Colleagues Advocate. The 4th respondent/Mr. Ramesh Kumar is present before this Court and further undertakes that he will not cause any disturbance or nuisance to the petitioner and he will not interfere with her professional activities or any other activity either inside or outside the Court premises.
5. Accordingly, the Writ Petition stands disposed of. No costs. Connected M.P. is closed.
AI
Legal professionals are bound by ethical standards to respect each other's practice, and an undertaking to refrain from interference can resolve disputes regarding professional conduct.
The Bar Council is mandated to investigate complaints against advocates and enforce prohibitory orders to maintain the integrity of the legal profession.
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.
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