Kerala High Court
M. Ahamad Ismail vs Union Of India on 21 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
WP(C) NO. 30250 OF 2021
PETITIONER:
M. AHAMAD ISMAIL
AGED 33 YEARS
ADVOCATE AND NOTARY PUBLIC,
MAYYEERI HOUSE SAHEER MANZIL,
VALAVANNUR P.O, MALAPPURAM 676 551
BY ADVS.
DEEPA NARAYANAN
ASHA MARIAM MATHEWS
MARY LIYA SABU
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED 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. 439 A,
4TH FLOOR, SHASTRIBHAVAN, NEW DELHI 110 001
SRI. MANUS S. ASGI
SRI.V.GIREESHKUMAR CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30250 OF 2021 2
JUDGMENT
Dated this the 21st day of January, 2022
The petitioner, who is a Practicing Lawyer in Tirur Bar, is
before this Court seeking to direct the respondents to consider
Ext.P2 application and pass orders thereon, within a time
frame fixed by this Court.
2. The petitioner submits that the petitioner was
appointed as a Notary Public by the Government of India with
Registration No.3721 to practice in Malappuram District. The
original period of Certificate of Practice expired on 23.11.2006.
The Certificate was renewed from time to time and final period
expired on 23.11.2021. The petitioner applied for renewal of
Certificate of Practice on 21.04.2021. The same has not been
considered. Therefore, the petitioner is before this Court.
3. Learned Assistant Solicitor General of India on
instructions, submits that the competent authority has received
Ext.P2 application for renewal of Certificate of Practice
submitted by the petitioner. As there are large number of
applications for appointment of Notaries and for extension of
the Certificate of Practice, the respondents are considering
those applications on the basis of priority. The petitioner's
application will be considered in due course of time, submits
the learned Assistant Solicitor General of India.
4. I have heard the learned counsel for the petitioner
and the learned Assistant Solicitor General of India
representing the respondents.
5. The petitioner has been practicing as Notary for a
long time. The petitioner has applied for renewal of Certificate
of Practice on 21.04.2021. The application has been made
invoking the provisions of the Notaries Act, 1952 and the Rules
made thereunder. When such application is of a statutory
nature, the competent authority is bound to consider the
application, in accordance with law, within a reasonable period.
In the circumstances, the writ petition is disposed of
directing the 2nd respondent to consider Ext.P2 application
submitted by the petitioner for renewal of Certificate of Practice
and pass appropriate orders thereon, in accordance with law,
within a period of two months.
sd/-
N.NAGARESH
JUDGE
hmh
APPENDIX OF WP(C) 30250/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF PRACTICE
ISSUED BY THE 2ND RESPONDENT HEREIN TO
THE PETITIONER DATED 23-11-2006
Exhibit P2 TRUE COPY OF THE APPLICATION FOR THE
RENEWAL OF CERTIFICATE OF PRACTICE
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 21-04-2021
Exhibit P3 TRUE COPY OF THE POSTAL RECEIPT DATED
22-04-2021
Exhibit P4 TRUE COPY OF THE RETURN PARTICULARS OF
THE NOTORIAL DONE DURING THE YEAR 2016
TO 2020 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P5 AFFIDAVIT PRODUCED BY THE PETITIONER
ALONG WITH THE APPLICATION BEFORE THE
2ND RESPONDENT.
RESPONDENT'S EXHIBIT NIL
