Citation : 2022 Latest Caselaw 6612 Ker
Judgement Date : 9 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 18618 OF 2022
PETITIONER:
A.V. RAJESH
AGED 43 YEARS
S/O VELAYUDHAN, AMBATTU HOUSE,
PINDIMANA, KOTHAMANGALAM, ERNAKULAM DISTRICT,
PIN - 686692
BY ADVS.
C.DILIP
ANUSHKA VIJAYAKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
REGISTRATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 REGISTRATION DEPUTY INSPECTOR GENERAL (LICENSING)
OFFICE OF REGISTRATION INSPECTOR GENERAL,
EX-MAYOR R. BALAKRISHNAN NAIR ROAD,
NEAR DISTRICT COURT, VANCHIYOOR,
THIRUVANANTHAPURAM., PIN - 695035
3 REGISTRATION DEPUTY INSPECRTOR GENERAL
(SOUTH CENTRAL ZONE)
OFFICE OF REGISTRATION DEPUTY INSPECTOR GENERAL
(SOUTH CENTRAL ZONE), NEAR MAHARAJA'S METRO STATION,
HEAD POST OFFICE, PIN - 682011
WP(C) NO. 18618 OF 2022
2
4 SUB REGISTRAR
OFFICE OF SUB-REGISTRAR, KOTHAMANGALAM,
ERNAKULAM DISTRICT,, PIN - 686691
SRI. BIMAL K. NATH, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18618 OF 2022
3
JUDGMENT
Admit. Government Pleader takes notice for the
respondents.
The petitioner who is a licensee under the Kerala
Document Writer's Licence Rules, 1960, is aggrieved by
Ext.P6 order, whereby his licence was suspended for a period
of six months from the date of receipt of the notice. Against
Ext.P6, the petitioner has preferred a statutory appeal under
Rule 33 of the Kerala Document Writers' Rules before the 1 st
respondent. The memorandum of appeal has been produced
as Ext.P7 and the petitioner has also filed Ext.P8 application
seeking stay of operation of Ext.P6.
2. The grievance of the petitioner is that the 1 st
respondent has not considered the application for urgent
orders. Even though the appeal is seen dated 04.06.2022, I
find that the petitioner is not fully unjustified in approaching
this Court within this short span of time seeking disposal of
the appeal, particularly since he had been a holder of the WP(C) NO. 18618 OF 2022
licence past several years and the same has been cancelled,
which can affect not only him, but also persons, who had
engaged for preparation of documents.
In such circumstances, the writ petition is disposed of
directing the 1st respondent to consider and dispose of Ext.P7
appeal within a period of four months from the date of receipt
of a copy of this judgment. The 1st respondent shall also
consider and dispose of Ext.P8 application for stay within two
weeks from the date of receipt of a copy of this judgment. The
operation of Ext.P6 shall remain stayed till a decision is taken
on Ext.P8 application for stay.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 18618 OF 2022
APPENDIX OF WP(C) 18618/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTO COPY OF DOCUMENT WRITER'S LICENSE OF THE PETITIONER BEARING NO EDA 543 DATED 09.08.2002 ISSUED BY THE DEPUTY INSPECTOR GENERAL OF REGISTRATION.
Exhibit P2 TRUE PHOTO COPY OF SCRIBE LICENSE OF THE PETITIONER BEARING NO ESA 941 DATED 03.11.1998 ISSUED BY THE DEPUTY INSPECTOR GENERAL OF REGISTRATION.
Exhibit P3 TRUE PHOTO COPY OF SHAW CAUSE NOTICE DATED
01.06.2020 ISSUED BY THE SECOND
RESPONDENT.
Exhibit P4 TRUE PHOTO COPY OF WRITTEN EXPLANATION
DATED 17.07.2020 SUBMITTED BY THE
PETITIONER BEFORE THE DISTRICT REGISTRAR (GENERAL), ERNAKULAM.
Exhibit P5 TRUE PHOTO COPY OF STATEMENT GIVEN BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 16.06.2020
Exhibit P6 TRUE PHOTO COPY OF ORDER DATED 02.06.2022 ISSUED BY THE SECOND RESPONDENT.
Exhibit P7 TRUE PHOTO COPY OF MEMORANDUM OF APPEAL DATED 04.06.2022 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
Exhibit P8 TRUE PHOTO COPY OF STAY PETITION DATED 04.06.2022 FILED BY THE PETITIONER ALONG WITH EXHIBIT P7 APPEAL.
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