Sreejith V.K vs Union Of India
2021 Latest Caselaw 22668 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
     FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                         WP(C) NO. 25501 OF 2021
PETITIONER:

              SREEJITH V.K
              AGED 43 YEARS
              S/O. K.P.SREENIVASAN, KAMALA VILAS, ANGADIPURAM POST,
              PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN-679321.
              BY ADVS.
              R.SREEHARI
              ANOOP.V.NAIR


RESPONDENTS:

     1        UNION OF INDIA
              REPRESENTED BY THE PRINCIPAL SECRETARY,
              MINISTRY OF LAW AND JUSTICE, DEPARTMENT OF LEGAL AFFAIRS,
              GOVERNMENT OF INDIA, SASTHRI BHAVAN, NEW DELHI-110001.
     2        JOINT SECRETARY, GOVERNMENT OF INDIA
              MINISTRY OF LAW AND JUSTICE,
              DEPARTMENT OF LEGAL AFFAIRS(NOTARIES CELL) RS NO.439A,
              4TH FLOOR, , SASTHRI BHAVAN, NEW DELHI-110001.
     3        THE ASSISTANT GOVERNMENT COUNCIL & COMPETENT AUTHORITY
              (APPOINTMENT OF NOTARIES),
              MINISTRY OF LAW AND JUSTICE, DEPARTMENT OF LEGAL AFFAIRS,
              NOTARY CELL, 4TH FLOOR, , SASTHRI BHAVAN, NEW DELHI-
              110001.


              SRI.S.MANU- ASGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25501 OF 2021             2




                            JUDGMENT

Dated this the 19th day of November, 2021

The petitioner, who is a practicing lawyer, has filed this

writ petition seeking to direct the 3rd respondent to consider the

petitioner's application for renewal of Certificate of Practice as a

Notary (Ext.P5) and pass orders within a specified period.

2. The petitioner states that he is a practicing lawyer in

Malappuram District and he is engaged as Notary since

25.11.2011. The Certificate of Practice as a Notary is valid upto

24.11.2021. The petitioner submitted an application for renewal

of the Certificate of Practice as a Notary along with all requisite

documents. The renewal fee also was paid on 30.06.2021.

However, the 3rd respondent has not taken any action on the

application for renewal.

3. The petitioner would state that the omission on the

part of the 3rd respondent to consider the petitioner's application

for renewal of Notary Licence is illegal. The 3rd respondent is

duty bound to consider the application submitted by the

petitioner and pass orders thereon within a reasonable time.

4. The learned Assistant Solicitor General of India

entered appearance on behalf of the 3 rd respondent and

submitted that the renewal application submitted by the

petitioner has been received by the 3rd respondent and the

application is under process. Since there are considerably large

number of renewal applications, processing of the renewal

application of the petitioner may take time.

5. I have heard the learned counsel for the petitioner

and the learned Assistant Solicitor General of India representing

the respondents.

6. The petitioner is a practicing lawyer and has been a

Notary ever since 25.11.2011. The petitioner has submitted

application for renewal of the Notary Licence, prior to the expiry

of the period of licence. The application for renewal of Notary

Licence being a statutory application, it has to be considered

and decided within a reasonable time.

In the circumstances, the writ petition is disposed of

directing the 3rd respondent to consider Ext.P5 Notary Licence

renewal application submitted by the petitioner and pass

appropriate orders thereon as expeditiously as possible, at any

rate, within a period of three months.

Sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 25501/2021

PETITIONER EXHIBITS

Exhibit P1 PHOTO COPY OF CERTIFICATE OF PRACTICE DATED 25.11.2011 GRANTED TO THE PETITIONER.

Exhibit P2 PHOTO COPY OF THE APPLICATION DATED 29.2.2016 FOR RENEWAL OF CERTIFICATE OF PRACTICE.

Exhibit P3 PHOTO COPY OF JUDGMENT IN WP(C) NO.5869/2017 DATED 22.2.2017 OF THIS COURT.

Exhibit P4 PHOTO COPY OF LETTER DATED 4.5.2017 OF THE 2ND RESPONDENT.

Exhibit P5 PHOTO COPY OF THE APPLICATION DATED 30.6.2021 SENT TO THE 3RD RESPONDENT (WITHOUT ENCLOSURES).

RESPONDENT    EXHIBITS        NIL