IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 33340 of 2010(N) -------------------------- PETITIONER: --------------- ADVOCATE K.J.ALPHONS KANNANTHANAM AGED 57, S/O.LATE K.V.JOSEPH, FATHIMA CHURCH ROAD, COCHIN-682020, KERALA. BY ADV.KURIAN GEORGE KANNANTHANAM(SR) ADV. SRI.NOBLE MATHEW RESPONDENT(S): --------------- 1. BAR COUNCIL OF KERALA, REPRESENTED BY ITS SECRETARY, BAR COUNCIL BUILDING, HIGH COURT COMPLEX, ERNAKULAM-682031, KERALA. 2. BAR COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, BAR COUNCIL OF INDIA BUILDING, 21-ROUS AVENUE INSTITUTIONAL AREA, NEW DELHI-110002. 3. DISCIPLINARY COMMITTEE NO.V, REPRESENTED BY ITS CHAIRMAN, MR.C.GOPALAKRISHNAN NAIR, OFFICE OF THE BAR COUNCIL OF KERALA, ERNAKULAM-682031. SR.ADV.SHRI GRACIOUS KURIAKOSE FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.33340 Of 2010 ----------------------------------------------------- DATED THIS THE 3rd DAY OF NOVEMBER, 2010 J U D G M E N T The petitioner seeks for a direction to the 3rd respondent not to deliver the final judgment in D.C.No.33/2009 till the disposal of the appeal filed by the petitioner before the Central Bar Council. 2. The petitioner is facing an action by the Disciplinary Committee of the Bar Council. It is averred in the Writ Petition that the petitioner was set ex parte and aggrieved by certain orders passed by the Disciplinary Committee, namely, the order by which the proceedings were held as maintainable, the order dismissing the application for review and the proceedings by a Single Member Committee, he has filed an appeal before the Central Bar Council and the appeal is posted for hearing on 14.11.2010 after notice to the Bar Council of Kerala. In the meanwhile, it is apprehended by the petitioner that the Disciplinary Committee will pass final orders on 05.11.2010. 3. Heard the learned Senior Counsel appearing for the petitioner Shri Kurian George Kannanthanam and the learned W.P.(C)No.33340/10 -2- counsel appearing for the Bar Council of Kerala Shri Gracious Kuriakose. 4. It is submitted by the learned counsel appearing for the Bar Council of Kerala that the petitioner has already filed an application for setting aside the ex parte order and orders will be passed on it and the Committee is prepared to give an opportunity to contest the proceedings thereafter and final order will not be passed on 05.11.2010. The learned counsel appearing for the Bar Council also submitted that the petitioner will have to co-operate with the enquiry before the Disciplinary Committee and the learned Senior Counsel appearing for the petitioner submitted that the petitioner will extend co-operation. In the light of the above, it is not necessary to pass further orders in this matter. Recording the same, the Writ Petition is closed. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn