IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 8151 of 2007(U) -------------------------------- PETITIONER(S): ------------------- JOHNSON M.I. AGED 44 YEARS, S/O.LATE M.J.ITTIKURU, PRESENTLY RESIDING AT PADMASAROVARAM, UDAYAMPERUR P.O., ERNAKULAM-682 307. BY ADVS. SRI.P.M.KUNJIMOIDEEN KUTTY SRI.LAL K.JOSEPH RESPONDENT(S): --------------------- 1. BAR COUNCIL OF KERALA, REPRESENTED BY ITS SECRETARY, HAVING ITS OFFICE AT BAR COUNCIL BUILDINGS, ERNAKULAM-682 037. * ADDL. R2 IMPLEADED 2. THE SECRETARY, THE KERLA ADVOCATE WELFARE FUND COMMITTIEE BAR COUNCIL OF KERALA, BAR COUNCIL BUILDING, COCHIN - 682 031. * IMPLEADED VIDE ORDER DATED 08/03/2011 IN I.A. NO.3401/2011. BY ADV. SRI.GRASHIOUS KURIAKOSE, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 8151/2007 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF CERTIFICATE OF ENROLMENT ROLL NO.BCK/5375/K/361/86 P2: COPY OF THE INTERIM ORDER IN WPC 94/2007 BY THE HONOURABLE HIGH COURT OF KERALA. P3: COPY OF THE JUDGMENT DATED 30/01/2007 IN WPC 94/2007 BY THE HON'BLE HIGH COURT OF KERALA. P4: COPY OF THE INTIMATION OF THE DECISION OF THE ENROLLMENT COMMITTEE DATED 24/01/2007, SENT BY THE RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 8151 of 2007 U ``````````````````````````````````````````````````````````` Dated this the 8th day of June, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Heard the learned senior counsel for the petitioner and the counsel appearing for respondents 1 and 2. 2. Challenge in this writ petition is against Ext.P4 proceedings of the first respondent. The petitioner was enrolled as an Advocate on the rolls of the first respondent. Ext.P1 is a copy of his certificate of enrollment. Subsequently, on an application made by the petitioner, his name was removed from the rolls of the first respondent with effect from 01.09.2004. According to the petitioner, he wanted to resume practice and, therefore, represented to the first respondent to issue application form for getting himself enrolled again. The request was declined. W.P.(C) No.8151/2007 : 2 : 3. Thereupon, the petitioner filed W.P.(C) No.94/2007 before this Court. Pursuant to the directions of this Court, as contained in Ext.P2 interim order, application form was issued to the petitioner. However, by Ext.P4 communication, petitioner was informed that the Enrollment Committee, in its meeting held on 24.01.2007, decided to intimate him to repay the amount received from the welfare fund with interest at 9% per annum and that he shall file an undertaking to the effect that he shall not apply for membership in the Kerala Advocate Welfare Fund. On receipt of the said communication dated 30.01.2007, petitioner filed this writ petition challenging Ext.P4 and for directing the respondents to permit the petitioner to re- enroll as an Advocate. 4. Although several contentions on merits have been raised in the pleadings of both sides, it is conceded at the Bar that Ext.P4 and the decision of the Enrollment Committee mentioned therein were without notice to the petitioner or affording an opportunity of hearing to him. Having regard to W.P.(C) No.8151/2007 : 3 : the serious civil consequences which are likely to be caused to the petitioner, the decision should have been taken only in compliance with the principles of natural justice, which has not been done in this case. For that reason itself, Ext.P4 is vitiated and it is required to be invalidated. 5. Therefore, I quash Ext.P4 and direct that the first respondent shall reconsider the application made by the petitioner in pursuance to Ext.P2 order of this Court with notice to him and as expeditiously as possible and at any rate, within four weeks of production of a copy of this judgment. 6. It is clarified that this Court has not expressed anything on the merits of the contentions of the parties. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/08.06 // True Copy // P.A. To Judge