High Court · 2025
Case Details
Acts & Sections
W.P.No.39195 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.01.2025CORAM :THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAMANDTHE HONOURABLE MR. JUSTICE M.JOTHIRAMANW.P.No.39195 of 2024S.Kathavarayan ... PetitionerVs.1.The Secretary, Bar Council of Tamil Nadu and Puducherry, Madras High Court Campus, Chennai - 600 104.2.The Secretary, The Bar Council of India, 21, Rouse Avenue, Institutional Area ITO, Near Bal Bhavan, New Delhi - 110 002.3.The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai.4.The Deputy Commissioner of Police, Theyagaraya Nagar District, Greater Chennai Police, Chennai - 600 17.Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 20245.The Inspector of Police, E3 Teynampet Police Station, Chennai - 600 018.6.S.S.Ganesh Raja... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the first respondent to take necessary action against the sixth respondent in relating to the Complaint dated 04.12.2024 within the time fixed by this Court.For Petitioner:Mr.G.MurugendranFor R1:Mr.C.K.ChandrasekarStanding CounselFor R3 to R5:Mr.R.MuniyapparajAdditional Public Prosecutor For R6:Mrs.M.SubhaO R D E R[Order of the Court is made by S.M.SUBRAMANIAM, J.]The writ of Mandamus has been instituted to direct the first respondent to take necessary action against the sixth respondent with reference to the complaint dated 04.12.2024.2.The sixth respondent is a practising lawyer and in occupation of the Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024building owned by the petitioner. Several allegations are raised against the sixth respondent that he is threatening the land owner/writ petitioner, not paying the rent for several months and refused to vacate the premises even on expiry of the lease deed on 31.10.2021. Admittedly the lease deed was not renewed nor extended by the landlord. The petitioner made a complaint before the Bar Council of Tamil Nadu and Puducherry raising several allegations against the sixth respondent about his conduct.3.A lawyer by virtue of his status in the Society is expected to maintain good conduct both inside the Court and in the Society. Section 35 of the Advocates Act, 1961 provides punishment of Advocates for misconduct. Sub-section (1) denotes that "Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee".4.With reference to Sections 35 and 49(1)(c) of the Advocates Act, 1961, the Bar Council of India has framed rules. Part 6 of Rule 44-B reads as follows:Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024"An Advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day to day life and he/she shall not do any unlawful act, he/she shall not make any statement in the Print, Electronic or Social Media, which is indecent or derogatory, defamatory or motivated, malicious or mischievous against any Court or Judge or any member of Judiciary, or against State Bar Council or Bar Council of India nor shall any Advocate engage in any willful violation, disregard or defiance of any resolution or order of the State Bar Council or Bar Council of India and any such act/conduct shall amount to misconduct and such Advocates would be liable to be proceeded with under Section 35 or 36 of the Advocates Act, 1961."Therefore, the complaint filed by the petitioner is to be taken on file by the Bar Council of Tamil Nadu and Puducherry. 5.However, Smt.M.Subha, learned counsel appearing on behalf of the sixth respondent filed an affidavit of the sixth respondent stating that he will vacate the premises within a period of six months. However, the learned counsel appearing for the petitioner would submit that he had not paid rent for the past about sixteen months and further threatening the petitioner by Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024stating that he is a practising criminal side lawyer and will initiate action against the landlord. 6.Abusing the professional status for personal gains at no circumstances be tolerated by the Courts and by the Bar Council of Tamil Nadu and Puducherry. The sixth respondent has not produced any record to establish that he is paying the rent regularly. Admittedly, the lease period expired in October 2021 itself. Now he has filed an affidavit stating that he will vacate the premises in six months. Since we are not satisfied with the affidavit filed by the sixth respondent, the learned counsel appearing for the sixth respondent would submit that the sixth respondent will vacate the premises and hand over vacant possession to the landlord within a period of two months from today.7.Regarding rental arrears, it is for the petitioner to work out his remedy in the manner known to law.8.In view of the undertaking given by the learned counsel appearing for the sixth respondent, the sixth respondent is directed to vacate from the Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024subject premises within a period of two months and hand over vacant possession to the petitioner on or before 15.03.2025. In the event of failure, the respondents 4 and 5 are directed to vacate the sixth respondent from the premises with the assistance of Police force and hand over vacant possession to the petitioner/landlord within three days i.e., on or before 18.03.2025.9.At this juncture, Mr.C.K.Chandrasekar, learned Standing Counsel for Bar Council of Tamil Nadu and Puducherry would submit that the complaint of the petitioner has already been registered in Complaint No.611 of 2024. The said complaint may be considered.10.With the above direction, the writ petition stands disposed of. No costs.11.Post the matter before this Bench on 20.03.2025 ‘for reporting compliance’. [S.M.S., J.] [M.J.R., J.] 10.01.2025 Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024Index : YesNeutral Citation : Yes/NoSpeaking order / Non-speaking ordercseTo1.The Secretary, Bar Council of Tamil Nadu and Puducherry, Madras High Court Campus, Chennai - 600 104.2.The Secretary, The Bar Council of India, 21, Rouse Avenue, Institutional Area ITO, Near Bal Bhavan, New Delhi - 110 002.3.The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai.4.The Deputy Commissioner of Police, Theyagaraya Nagar District, Greater Chennai Police, Chennai - 600 17.S.M.SUBRAMANIAM, J.ANDM.JOTHIRAMAN, J.cse5.The Inspector of Police,Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024 E3 Teynampet Police Station, Chennai - 600 018.6.The Public Prosecutor, High Court, Madras.W.P.No.39195 of 202410.01.2025Page 8 of 8
W.P.No.39195 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.01.2025CORAM :THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAMANDTHE HONOURABLE MR. JUSTICE M.JOTHIRAMANW.P.No.39195 of 2024S.Kathavarayan ... PetitionerVs.1.The Secretary, Bar Council of Tamil Nadu and Puducherry, Madras High Court Campus, Chennai - 600 104.2.The Secretary, The Bar Council of India, 21, Rouse Avenue, Institutional Area ITO, Near Bal Bhavan, New Delhi - 110 002.3.The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai.4.The Deputy Commissioner of Police, Theyagaraya Nagar District, Greater Chennai Police, Chennai - 600 17.Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 20245.The Inspector of Police, E3 Teynampet Police Station, Chennai - 600 018.6.S.S.Ganesh Raja... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the first respondent to take necessary action against the sixth respondent in relating to the Complaint dated 04.12.2024 within the time fixed by this Court.For Petitioner:Mr.G.MurugendranFor R1:Mr.C.K.ChandrasekarStanding CounselFor R3 to R5:Mr.R.MuniyapparajAdditional Public Prosecutor For R6:Mrs.M.SubhaO R D E R[Order of the Court is made by S.M.SUBRAMANIAM, J.]The writ of Mandamus has been instituted to direct the first respondent to take necessary action against the sixth respondent with reference to the complaint dated 04.12.2024.2.The sixth respondent is a practising lawyer and in occupation of the Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024building owned by the petitioner. Several allegations are raised against the sixth respondent that he is threatening the land owner/writ petitioner, not paying the rent for several months and refused to vacate the premises even on expiry of the lease deed on 31.10.2021. Admittedly the lease deed was not renewed nor extended by the landlord. The petitioner made a complaint before the Bar Council of Tamil Nadu and Puducherry raising several allegations against the sixth respondent about his conduct.3.A lawyer by virtue of his status in the Society is expected to maintain good conduct both inside the Court and in the Society. Section 35 of the Advocates Act, 1961 provides punishment of Advocates for misconduct. Sub-section (1) denotes that "Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee".4.With reference to Sections 35 and 49(1)(c) of the Advocates Act, 1961, the Bar Council of India has framed rules. Part 6 of Rule 44-B reads as follows:Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024"An Advocate shall conduct himself/herself as a gentleman/gentle lady in his/her day to day life and he/she shall not do any unlawful act, he/she shall not make any statement in the Print, Electronic or Social Media, which is indecent or derogatory, defamatory or motivated, malicious or mischievous against any Court or Judge or any member of Judiciary, or against State Bar Council or Bar Council of India nor shall any Advocate engage in any willful violation, disregard or defiance of any resolution or order of the State Bar Council or Bar Council of India and any such act/conduct shall amount to misconduct and such Advocates would be liable to be proceeded with under Section 35 or 36 of the Advocates Act, 1961."Therefore, the complaint filed by the petitioner is to be taken on file by the Bar Council of Tamil Nadu and Puducherry. 5.However, Smt.M.Subha, learned counsel appearing on behalf of the sixth respondent filed an affidavit of the sixth respondent stating that he will vacate the premises within a period of six months. However, the learned counsel appearing for the petitioner would submit that he had not paid rent for the past about sixteen months and further threatening the petitioner by Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024stating that he is a practising criminal side lawyer and will initiate action against the landlord. 6.Abusing the professional status for personal gains at no circumstances be tolerated by the Courts and by the Bar Council of Tamil Nadu and Puducherry. The sixth respondent has not produced any record to establish that he is paying the rent regularly. Admittedly, the lease period expired in October 2021 itself. Now he has filed an affidavit stating that he will vacate the premises in six months. Since we are not satisfied with the affidavit filed by the sixth respondent, the learned counsel appearing for the sixth respondent would submit that the sixth respondent will vacate the premises and hand over vacant possession to the landlord within a period of two months from today.7.Regarding rental arrears, it is for the petitioner to work out his remedy in the manner known to law.8.In view of the undertaking given by the learned counsel appearing for the sixth respondent, the sixth respondent is directed to vacate from the Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024subject premises within a period of two months and hand over vacant possession to the petitioner on or before 15.03.2025. In the event of failure, the respondents 4 and 5 are directed to vacate the sixth respondent from the premises with the assistance of Police force and hand over vacant possession to the petitioner/landlord within three days i.e., on or before 18.03.2025.9.At this juncture, Mr.C.K.Chandrasekar, learned Standing Counsel for Bar Council of Tamil Nadu and Puducherry would submit that the complaint of the petitioner has already been registered in Complaint No.611 of 2024. The said complaint may be considered.10.With the above direction, the writ petition stands disposed of. No costs.11.Post the matter before this Bench on 20.03.2025 ‘for reporting compliance’. [S.M.S., J.] [M.J.R., J.] 10.01.2025 Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024Index : YesNeutral Citation : Yes/NoSpeaking order / Non-speaking ordercseTo1.The Secretary, Bar Council of Tamil Nadu and Puducherry, Madras High Court Campus, Chennai - 600 104.2.The Secretary, The Bar Council of India, 21, Rouse Avenue, Institutional Area ITO, Near Bal Bhavan, New Delhi - 110 002.3.The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai.4.The Deputy Commissioner of Police, Theyagaraya Nagar District, Greater Chennai Police, Chennai - 600 17.S.M.SUBRAMANIAM, J.ANDM.JOTHIRAMAN, J.cse5.The Inspector of Police,Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39195 of 2024 E3 Teynampet Police Station, Chennai - 600 018.6.The Public Prosecutor, High Court, Madras.W.P.No.39195 of 202410.01.2025Page 8 of 8