Bar Association Jayam Kondaan v. The Registrar General

ORDER (Order of the Court was made by M.S.RAMESH, J.) The petitioner-Association has given a representation on 21.03.2025 to the 1st and 2nd respondents herein, requesting to restrain the respondents 1 to 4 from granting recognition to the 5th respondent-Association. Since the said representation was not considered, this Writ Petition has been filed.

¶2Heard the learned counsel for the petitioner and the learned counsels appearing on behalf of all the respondents.

¶3It is needless to point out that whenever a representation of this nature is made to an Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

¶4In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the 1st and 2nd respondents to consider the representation of the petitioner dated 21.03.2025, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order and communicate the same to the petitioner.

¶5With the above direction, this Writ Petition stands disposed of. No costs. [M.S.R, J.] [V.L.N, J.]

07.07.2025 Index: Yes/No hvk

M.S.RAMESH, J. and

V. LAKSHMINARAYANAN, J. hvk To

1.The Registrar General, High Court, Madras.

2.The Principal District Judge, Ariyalur District.

3.The Sub-Judge, Jayam Kondaan.

4.The Secretary, Bar Council of Tamil Nadu and Puducherry, High Court Campus, Chennai – 600 104.

07.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2025 CORAM : THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Bar Association Jayam Kondaan, Rep. by its President, Jayam Kondaan, Ariyalur District – 621 802. ...Petitioner Vs. 1.The Registrar General, High Court, Madras. 2.The Principal District Judge, Ariyalur District. 3.The Sub-Judge, Jayam Kondaan. 4.The Bar Council of Tamil Nadu and Puducherry, Rep. by its Secretary, High Court Campus, Chennai – 600 104. 5.The New Bar Association, Jayam Kondaan, Court Campus. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 to 4 to consider representation of the petitioner association and to restrain the respondents 1 to 4 from granting any recognition to the 5th respondent association and to take appropriate action against the 5th respondent. For Petitioner : Mr.T.Sai Krishnan For R1 to R3 : Mr.P.Kannan Kumar For R4 : Mr.C.K.Chandrasekar For R5 : Ms.Renade Angel