W.P.No.3562 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.01.2025 CORAM : THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.3562 of 2025 and W.M.P.Nos.3942 & 3943 of 2025 S.Kasiramalingam ... Petitioner Vs. 1.The Secretary, The Bar Council of Tamil Nadu and Puducherry, High Court Buildings, Chennai – 104. 2.The Registrar General, Madras High Court, High Court Buildings, Chennai – 104. 3.The Secretary, Madras High Court Advocates Association, High Court Buildings, Chennai –600 104. 4.The Secretary, Law Association, High Court Buildings, Chennai –600 104. 5.The Secretary, Women Lawyers Association, High Court Buildings, Chennai –600 104. 6.The Secretary, https://www.mhc.tn.gov.in/judis W.P.No.3562 of 2025 Madras Bar Association, High Court Buildings, Chennai –600 104. 7.The Secretary, Tamil Nadu Advocate's Clerk's Association, New Additional Law Chambers, High Court Buildings, Chennai –600 104. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari Mandamus, calling for the records of the 1st respondent and quash/recall the impugned notification bearing R.O.C. No.90 of 2025 dated 24.01.2025 of the 1st respondent till the newly elected members are constituted to the Bar Council of Tamil Nadu and Puducherry for their fresh consideration or resolution in compliance of the relevant statutory obligation. For Petitioner : Mr.D.Ajith Kumar For R1 : Mr.C.K.Chandrasekkar, Senior Counsel for BCT ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) A notice issued by the Bar Council of Tamil Nadu and Puducherry in Roc.No.90 of 2025, dated 24.01.2025, addressed to the President/Secretary, All Bar/Advocate Association, Tamil Nadu, is under challenge in the present writ petition. 2.The petitioner states that he is a Senior Advocate practicing in High https://www.mhc.tn.gov.in/judis W.P.No.3562 of 2025 Court Campus. The present petition has been filed mainly on the ground that, the Tamil Nadu Advocates' Welfare Funds stamps charges are enhanced from Rs.30/- to 120/- and the Tamil Nadu Advocates' Clerks Welfare Fund stamps charges has been enhanced from Rs.10/- to Rs.20/-. 3.The learned counsel Mr.D.Ajithkumar appearing on behalf of the petitioner would submit that the fund amount is to be further enhanced from Rs.10,00,000/- and a higher amount is to be fixed by the authorities. It is further contended that enhancement of Tamil Nadu Advocates' Welfare Funds stamps charges from Rs.30/- to Rs.120/- is also on higher side and such a hike in a single stroke may cause prejudice to the interest of the Lawyers. 4.Mr.C.K.Chandrasekkar, learned Senior Counsel appearing on behalf of the Bar Council of Tamil Nadu and Puducherry would raise a preliminary objection that the writ petition is not maintainable. The impugned notice was issued by the Bar Council of Tamil Nadu and Puducherry providing information to the Bar Associations across Tamil Nadu regarding the Gazatte notification issued on 17.12.2024 amending Section 23 of the Tamil Nadu Advocates' Welfares Fund Act, 1987 and similar amendments are made for the Clerks Welfare Fund also. The amendments made under the provisions of the Act has https://www.mhc.tn.gov.in/judis W.P.No.3562 of 2025 not been challenged in the present writ petition. Thus, the writ petition filed against the information provided to the Bar Associations is not maintainable. Admittedly, the petitioner has not challenged the Act. 5.The Tamil Nadu Advocates' Welfare Fund Scheme is a welfare scheme constituted through the Tamil Nadu Advocates' Welfare Funds Act, 1987 and the Rules framed thereunder. It is a statutory welfare scheme for the benefit of the Advocates and their family members. The fund is maintained by the Bar Council of Tamil Nadu and Puducherry and the fund amount has been disbursed to the families of the Lawyers by the learned Advocate General of Tamil Nadu. As of now, more than 300 and odd applications are pending for settlement of benefits under the Welfare Fund Scheme. On an earlier occasion, this Court with the assistance of the learned Advocate General got sanctioned of funds to the tune of about Rs.33crores from the Government and settled benefits for about 300 and odd families. Since no sufficient funds are available in the Tamil Nadu Welfare Funds Account, the Government amended the Act by enhancing the stamp charges from Rs.30/- to Rs.120/- after consulting the stakeholders. Since the funds collected were found to be insufficient, the stamp charges were enhanced. It is a welfare scheme and Advocates are expected to be generous in assisting the families of the Lawyers, who died while they are practising. Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.3562 of 2025 6.The learned Counsel for the petitioner, Mr.D.Ajithkumar would submit that the Advocates are ready to pay double the stamp charges. If the learned counsel is of the opinion that the Lawyers will be so magnanimous in paying double welfare fund stamps, their stand is appreciated and in each case, they are at liberty to file two welfare fund stamps to the tune of Rs.240/-. Thus, the good gesture shown by the petitioner is a welcome measure. 7.As far as the challenge made in the present writ petition is concerned, the information provided by the Bar Council of Tamil Nadu and Puducherry to the Bar Associations would not provide any cause for institution of the Writ Petition as the Tamil Nadu Welfare Fund Act has already been amended. Therefore, the present writ petition is unnecessary and to be treated as vexatious. Thus, this Court is inclined to impose a costs of Rs.50,000/- to the petitioner, which is to be paid to the Tamil Nadu Welfare Fund Scheme within a period of two weeks from today. 8.With the above direction, this Writ Petition stands dismissed. No Costs. Consequently, connected miscellaneous petitions are closed. Post the matter https://www.mhc.tn.gov.in/judis W.P.No.3562 of 2025 after two weeks for reporting compliance. [S.M.S., J.] [M.J.R., J.] 31.01.2025 Index: Yes/No Speaking/Non-speaking order sli To 1.The Secretary, The Bar Council of Tamil Nadu and Puducherry, High Court Buildings, Chennai – 104. 2.The Registrar General, Madras High Court, High Court Buildings, Chennai – 104. 3.The Secretary, Madras High Court Advocates Association, High Court Buildings, Chennai –600 104. 4.The Secretary, Law Association, High Court Buildings, Chennai –600 104. 5.The Secretary, Women Lawyers Association, High Court Buildings, Chennai –600 104. Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.3562 of 2025 6.The Secretary, Madras Bar Association, High Court Buildings, Chennai –600 104. 7.The Secretary, Tamil Nadu Advocate's Clerk's Association, New Additional Law Chambers, High Court Buildings, Chennai –600 104. Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.3562 of 2025 S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J. sli W.P.No.3562 of 2025 31.01.2025 https://www.mhc.tn.gov.in/judis