IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 29374 of 2011(V) -------------------------- PETITIONER(S): --------------- R.JOHNSON MYLAKKAD, ADVOCATE, NEAR CIVIL STATION, KOLLAM, PIN 691 013. BY ADV. SRI.T.R.RAJAN RESPONDENT(S): --------------- 1. DISCIPLINARY COMMITTEE NO.1, BAR COUNCIL OF KERALA REPRESENTED BY ITS REGISTRAR, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, KOCHI, PIN 682 031. 2. BAR COUNCIL OF KERALA REPRESENTED BY ITS REGISTRAR, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, KOCHI, PIN 682 031. 3. T.M.ISRAEL, S/O.T.K.ARUMANAYAKAM, ARANASSERY HOUSE, CHELAVOOR P.O., KOZHIKODE, PIN 673 571. SRI. GRASHIOUS KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 29374/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE COMPLAINT DATED 20.09.2008 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT-P2. TRUE COPY OF THE REQUEST DATED 14.06.2010 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P3. TRUE COPY OF THE STATEMENT DATED NIL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT-P4. TRUE COPY OF THE PETITION DATED 21.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXHIBIT-P5. TRUE COPY OF THE FIRST INFORMATION REPORT AND CONNECTED PAPERS AS REGARDS CRIM NO.445/2008, NADAKKAVU POLICE STATION. EXHIBIT-P6. TRUE COPY OF THE PLAINT IN OS.NO.729/2009 ON THE FILES OF THE SUB COURT, KOZHIKODE. EXHIBIT-P7. TRUE COPY OF THE ORDER DATED 23.10.2011 PASSED BY THE 1ST RESPONDENT (D.C.CASE NO.2/2011). RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE. dnc ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 29374 OF 2011 ----------------------------------------------------- Dated this the 3rd day of November, 2011 J U D G M E N T Petitioner is an advocate who is facing a disciplinary action before respondents 1 and 2. Challenging the maintainability of the proceedings he has filed Ext.P4 application. By Ext.P7, Ext.P4 is posted to 6.11.11 and on that day evidence is also proposed to be recorded. 2. In this writ petition the petitioner submits grievance is that Ext.P4 should be dealt with as a preliminary issue and that recording of evidence be deferred to a future date. 3. I heard the learned senior counsel appearing for respondents 1 and 2 who submits that on 6.11.11, parties will be heard on Ext.P4 and that evidence will be recorded on a subsequent date. When such a submission has been made, the petitioner should not have any further grievance. W.P.(C) No. 29374 OF 2011 :2 : Therefore recording the aforesaid submissions of the learned senior counsel for respondents 1 and 2, this writ petition is disposed of. ANTONY DOMINIC, JUDGE ul/-