High Court of Madras issuance of a Writ of Mandamus, directing the first respondent to consider and pass order on the petitioner’s petition.
Case Title : Elephant G.Rajendran v. The Registrar-General,
Decided on : 2-11-2023.
CORAM : THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Case No. : 16547 of 2023
Introduction
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider and pass order on the petitioner’s petition dated 13.07.2012 including taking suitable action.
Fact of the Case
The lis on hand has been instituted on account of an unfortunate incident occurred in the premises of the second respondent Madras Bar Association inside the High Court Buildings. The writ petition was instituted in the year 2012. The petitioner is a Senior Advocate practising law for the past about 44 years continuously. The petitioner-inperson, at the first instance, submitted that he has taken sincere and continuous efforts to list the writ petition for final hearing and now after a lapse of 11 years, he could bring the matter and therefore, this Court may hear and dispose of the writ petition.
Case Analysis and judgment
The Madras Bar Association / second respondent is directed to distribute applications for membership to all the interested practising lawyers in the High Court of Madras and admit them as members without discriminating any lawyer on the basis of caste, gender, religion, economic status, personal affiliations with Senior Advocates or dignitaries and political affiliations without reference to the draconian Bye-Laws regarding eligibility criteria to become the member of the Madras Bar Association or by amending the Bye-Laws suitably. In the event of failure on the part of the second respondent, the Madras High Court Administration and the Bar Council of Tamil Nadu are bound to initiate all appropriate actions in the manner known to law.
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Written by Nimisha Sunny
