Thursday 23 June 2016

Whether father can appear and plead on behalf of his children?

At pages 80 and 82 of the paper book, two applications filed by
Sri.B.Kanagasabapathy and Sri.B.Rathnasabapathy, seeking grant of Community   
Certificate, are enclosed. It is, thus, clear that the Certificates were
sought for by Sri.B.Kanagasabapathy and Sri.B.Rathnasabapathy, respectively. 
But however, they are not the petitioners in this writ petition.
Incidentally, they might be the children of the present petitioner herein.
The petitioner, therefore, cannot appear and sue in his name on their behalf.
The petitioner should be the one, who has applied for Community Certificate,
in his name. If we permit the petitioner ? Sri.P.Balasubramaniyan, to appear
as party-in-person and plead on behalf of his children, it would amount to
practising the profession of law. Only an authorised practitioner of law, can
appear and plead on behalf of some other individual. Hence, we are of the
opinion that this writ petition is not maintainable and the objection raised
by the Registry is upheld.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT   DATED: 16.06.2016  

CORAM   
 MR.JUSTICE NOOTY.RAMAMOHANA RAO                 
AND  
 MR.JUSTICE S.S.SUNDAR           

W.P(MD)SR.No.31508 of 2016    

P.Balasubramaniyan  Vs.  The Tahsildar, Taluk Office,




        This writ petition is instituted by one P.Balasubramaniyan, resident of
Kagithapuram Post, Karur District. He sought for a writ of Mandamus directing
the Tahsildar, Manmangalam Taluk, Karur District, to furnish Community
Certificate for his two sons, namely, Sri.B.Kanagasabapathy and
Sri.B.Rathnasabapathy. 

        2. At pages 80 and 82 of the paper book, two applications filed by
Sri.B.Kanagasabapathy and Sri.B.Rathnasabapathy, seeking grant of Community   
Certificate, are enclosed. It is, thus, clear that the Certificates were
sought for by Sri.B.Kanagasabapathy and Sri.B.Rathnasabapathy, respectively. 
But however, they are not the petitioners in this writ petition.
Incidentally, they might be the children of the present petitioner herein.
The petitioner, therefore, cannot appear and sue in his name on their behalf.
The petitioner should be the one, who has applied for Community Certificate,
in his name. If we permit the petitioner ? Sri.P.Balasubramaniyan, to appear
as party-in-person and plead on behalf of his children, it would amount to
practising the profession of law. Only an authorised practitioner of law, can
appear and plead on behalf of some other individual. Hence, we are of the
opinion that this writ petition is not maintainable and the objection raised
by the Registry is upheld. Accordingly, W.P(MD)SR.No.31508 of 2016 is 
rejected.



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