Sujai Sathyan K vs Union Of India
2022 Latest Caselaw 391 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                         WP(C) NO. 29803 OF 2021
PETITIONER:

              SUJAI SATHIAN K.
              AGED 47 YEARS
              ADVOCATE, S/O.SATHIAN K.K., SIVAGANGA, KALATHUNGAL,
              KARIMANGALAM, CHENDAMANGALAM, NORTH PARAVUR,
              ERNAKULAM - 683 512.
              BY ADVS.
              DEEPA NARAYANAN
              ASHA MARIAM MATHEWS
              MARY LIYA SABU


RESPONDENTS:

     1        UNION OF INDIA
              REP. BY ITS SECRETARY TO THE GOVERNMENT,
              MINISTRY OF LAW AND JUSTICE,
              DEPARTMENT OF LEGAL AFFAIRS, NEW DELHI - 110 001.
     2        THE JOINT SECRETARY (COMPETENT AUTHORITY)
              MINISTRY OF LAW AND JUSTICE,
              DEPARTMENT OF LEGAL AFFAIRS (NOTARY CELL), R.NO.439A,
              4TH FLOOR, SHASTRI BHAVAN, NEW DELHI- 110 001.

              SRI. MANU. S, ASGI
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29803 OF 2021              2




                            JUDGMENT

Dated this the 13th day of January, 2022

The petitioner, who is a Practicing Lawyer, is before this

Court seeking to direct the 2 nd respondent to consider Ext.P1

application submitted by the petitioner for renewal of Certificate

of Practice as Notary and pass orders thereon immediately,

within a time frame fixed by this Court.

2. The petitioner submits that the petitioner was issued

with a Certificate of Practice as Notary on 29.11.2011 for five

years. The Certificate was renewed from time to time and it

was renewed upto 29.11.2021 for the last time. The petitioner

submitted an application for renewal of Certificate of Practice

on 02.06.2021. There was a short delay in making the

application. The petitioner has submitted an affidavit to

condone the delay. The respondents may be directed to

consider the application for renewal in accordance with law,

contends the learned counsel for the petitioner.

3. The learned Assistant Solicitor General of India

representing the respondents states that the application for

renewal of Certificate of Practice as Notary has been received

by the respondents along with an affidavit in support of

condoning the delay. As a large number of applications for

renewal of the Certificates are pending, it may take some

more time for the respondents to pass orders on the

application filed by the petitioner.

4. Heard the learned counsel for the petitioner and the

learned Assistant Solicitor General of India representing the

respondents.

5. The application for renewal of Certificate of Practice

as Notary is a statutory application. Therefore, the Competent

Authority is bound to consider such application within a

reasonable time and pass appropriate orders thereon.

Therefore, the writ petition is disposed of directing the 2 nd

respondent to consider Ext.P2 application submitted by the

petitioner in the light of Ext.P5 affidavit and pass appropriate

orders on the application as expeditiously as possible, and at

any rate, within a period of two months.

sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 29803/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF PRACTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 29/11/2021.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR THE RENEWAL OF CERTIFICATE OF PRACTICE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28/05/2021.

Exhibit P3 TRUE COPY OF THE POSTAL RECEIPT DATED 02/06/2021.

Exhibit P4 TRUE COPY OF THE RETURN PARTICULARS OF THE NOTORIAL DONE DURING THE YEARS 2018 TO 2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS          NIL