Tissy Rose K. Cheriyan vs State Of Kerala
2021 Latest Caselaw 7782 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                       WP(C).No.4871 OF 2021(H)


PETITIONER:

               TISSY ROSE K. CHERIYAN
               ADVOCATE, KAYYALAPARAMBIL HOUSE, UMBIDI P. O.,
               RAJAMATTOM, THOTTAKKAD, KOTTAYAM DISTRICT, PIN -
               686539.

               BY ADVS.
               SMT.GRACE MARIA JOSE
               SMT.KEERTHANA.V

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LAW
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695
               001.

      2        THE JOINT SECRETARY TO GOVT. AND COMPETENT AUTHORITY
               UNDER THE NOTARIES ACT, LAW DEPARTMENT (H SECTION),
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.


               ADV.SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4871 OF 2021(H)

                                    2




                             JUDGMENT

Dated this the 05th day of March 2021

The petitioner who is a practicing lawyer is

aggrieved by the inordinate delay in issuing

orders appointing her as Notary and in issuing

the certificate of practice to her even after

several years of remitting the fee for the same.

The petitioner had submitted an application for

appointment as Notary on 28.01.2013. After

conducting a local enquiry, the petitioner was

directed to appear for an interview as per

Ext.P2 notice dated 13.10.2014. She appeared in

the interview held on 29.10.2014. Thereafter,

as per Ext.P3 letter dated 03.03.2016, the

petitioner was directed to remit a sum of

Rs.2,000/-(Rupees two thousand only) in the

Government Treasury towards the fee for issue of

certificate of practice as Notary. The

petitioner remitted the said amount and sent the WP(C).No.4871 OF 2021(H)

challan on 09.03.2016. So far, she has neither

received any order of appointment nor a

certificate of practice despite several

reminders sent by her from time to time. She

submitted Ext.P5 application dated 20.11.2019,

under the Right to Information Act, to furnish

information as as to whether the department has

issued certificate of practice as Notary to any

advocate after 09.03.2016. The Public

Information Officer had furnished a positive

answer to that question. This writ petition is

filed at that stage.

        2.    When      the         matter       came          up         for

   consideration           on      24.02.2021,        the       learned

   Government        Pleader        was        directed        to         get

   instructions.       The instructions received by the

learned Government Pleader also show that the

petitioner was found fit for the appointment.

However, the reason for the delay in issuing

orders of appointment or in issuing the

certificate of practice is not forthcoming. As WP(C).No.4871 OF 2021(H)

the petitioner has already remitted the challan

pursuant to Ext.P3 letter which is the fee for

certificate of practice, there is no

justification for delaying the issuance of

certificate of practice to the petitioner any

further and to enable her to function as Notary.

3. In the above circumstances, there shall

be a direction to the respondents to issue the

certificate of practice and order appointing the

petitioner as Notary within a period of 'three

weeks' from the date of receipt of a copy of the

judgment, notwithstanding any notification as to

general election to the legislative assembly, in

the meanwhile.

The writ petition is accordingly disposed

of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.4871 OF 2021(H)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE PHOTO COPY OF THE NOTICE NO.2974/H2/2013/LAW DATED 20.02.2014 TO THE PETITIONER FROM THE RESPONDENT FOR LOCAL ENQUIRY.

EXHIBIT P2 A TRUE PHOTO COPY OF THE NOTICE NO.2974/H2/2013/LAW DATED 13.10.2014 TO THE PETITIONER FROM THE RESPONDENT FOR INTERVIEW.

EXHIBIT P3 A TRUE PHOTO COPY OF THE NOTICE NO.2974/H2/2013/LAW DATED 03.03.2016 FOR REMITTING PAYMENT FOR THE ISSUANCE OF NOTARY CERTIFICATE.

EXHIBIT P4 A TRUE PHOTO COPY OF TREASURY CHELLAN NO.243 DATED 09.03.2016.

EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED 20.11.2019 SUBMITTED BY THE PETITIONER TO THE RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE REPLY DATED 18.12.2019 TO THE PETITIONER FROM THE RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P7 A TRUE COPY OF THE REMINDER DATED 20.11.2019 SUBMITTED BY THE PETITIONER TO THE RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE