Kerala High Court
E.Pradeep vs The State Of Kerala on 20 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 1602 OF 2020
PETITIONERS:
1 E.PRADEEP, AGED 57 YEARS, S/O. KRISHNAN,
DOCUMENT WRITER, RESIDING AT VISHNUMAYA,
NEAR ARANGETTUPARAMBA U.P. SCHOOL,
ERANHOLI P.O. 670 107, THALASSERY TALUK,
KANNUR DISTRICT.
2 N. VIJAYARAGHAVAN, AGED 62 YEARS, S/O. VASU,
DOCUMENT WRITER, RESIDING T GEM, KODIYERI
AMSOM DESOM, THIRUVANGAD P.O. THALASSERY,
KANNUR DISTRICT 670 103.
BY ADVS.
R.SURENDRAN
S.MAYUKHA
RESPONDENTS:
1 THE DEPUTY INSPECTOR GENERAL OF REGISTRATION
(LICENSING), EX- MAYOR R. BALAKRISHNAN NAIR RD,
NEAR DISTRICT COURT, VANCHIYOOR,
THIRUVANANTHAPURAM , KERALA 695 035.
2 THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL
CHIEF SECRETARY, TAXES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
3 PREMAN.K.P., AGED 47 YEARS, S/O. MATHIKUTTY,
BUSINESS, RESIDING AT KUNHIPEEDIKAYIL HOUSE,
KOLAVALLOOR AMSOM DESOM, KUNNOTHPARAMBA,
PANOOR P.O. THOVAKUNNU, 670 693, KANNUR DISTRICT.
BY ADVS.
SRI.P.P.RAMACHANDRAN
SRI. HANILKUMAR-SP. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, ALONG WITH WP(C).9113/2023, 18400/2020, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WPC 1602/20, 18400/20 & 9113/23
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 18400 OF 2020
PETITIONER:
E.PRADEEP, AGED 58 YEARS, S/O KRISHNAN,
DOCUMENT WRITER, RESIDING AT 'VISHNUMAYA',NEAR
ARANGETTUPARAMBA U.P.SCHOOL,ERANHOLI.P.O, PIN-
670107,THALASSERY TALUK,KANNUR DISTRICT.
BY ADVS.
R.SURENDRAN
KUM.S.MAYUKHA
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE
ADDITIONAL CHIEF SECETARY,TAXES
DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE INSPECTOR GENERAL OF REGISTRATION,
EX-MAYOR R BALAKRISHNAN NAIR ROAD,
NEAR DISTRICT COURT,VANCHIYOOR,
THIRUVANANTHAPURAM DISTRICT, KERALA-695035.
3 THE DEPUTY INSPECTOR OF GENERAL OF REGISTRATION,
NORTHERN REGION,OFFICE OF THE DEPUTY INSPECTOR
GENERAL OF REGISTRATION, NORTHERN
REGION,KOZHIKODE,PIN-673001.
BY ADVS.
SRI.MOHAMMED ANZAR K.J.
SRI.HANIL KUMAR - SPL G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.06.2023, ALONG WITH WP(C).1602/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 1602/20, 18400/20 & 9113/23
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 9113 OF 2023
PETITIONER:
E.PRADEEP, AGED 60 YEARS, S/O.KRISHNAN,
DOCUMENT WRITER, RESIDING AT 'VISHNUMAYA',
NEAR ARANGETTUPARAMBA U.P SCHOOL, ERANHOLI.P.O.
THALASSERY TALUK, KANNUR DISTRICT., PIN - 670107
BY ADV R.SURENDRAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL
CHIEF SECRETARY, TAXES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DEPUTY INSPECTOR GENERAL OF REGISTRATION
(LICENSING), OFFICE OF THE INSPECTOR GENERAL OF
REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM,
KERALA, PIN - 695035
3 THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR,
GUNDERT ROAD, THALASSERY, KANNUR DISTRICT.,
PIN - 670101
BY ADV
SRI.HANIL KUMAR - SPL G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.06.2023, ALONG WITH WP(C).1602/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 1602/20, 18400/20 & 9113/23
4
JUDGMENT
[WP(C) Nos.1602/2020, 9113/2023, 18400/2020]
I am considering these Writ Petitions together because the
facts involved are analogous, while the reliefs sought for are
interlayered.
2. Among the three, WP(C)Nos.1602/2020 and 18400/2020
have been filed by Sri.E.Pradeep - who is a licensed Document
Writer, impugning two sets of show-cause notices issued to him by
the competent statutory Authorities, asking him to show cause
why his license be not cancelled.
3. Coming to the third Writ Petition, namely
WP(C)No.9113/2023, this is also filed by Sri.E.Pradeep, aggrieved
by the fact that, pending the aforesaid proposed action, his license
has been refused to be renewed from 01.06.2022 to 31.05.2023.
4. Sri.R.Surendran - learned counsel for the petitioner,
submitted that the allegations imputed against his client in
WP(C)Nos.1602/2020 and 18400/2020 are at the instance of a
person by name Sri.K.P.Preman, who has been arrayed as
respondent No.3 in the first among them. He argued that this
WPC 1602/20, 18400/20 & 9113/23
person is not, in any manner, involved with the transactions in
question, but alleges that, as regards the Sale Document which
was prepared by his client - which is the subject matter in
WP(C)No.1602/2020, there is a mistake in the plinth area of the
building mentioned therein; and as regards the document which is
the subject matter in WP(C)No.18400/2020, the number of the
prior title deed has been shown incorrectly. He asserted that,
pertinently, Sri.K.P.Preman is not, in any manner, involved with
the transactions or the documents, but that he has made a
complaint as if he has personal knowledge of such actions, even
when the executants and beneficiaries of the said documents have
accepted every covenant and term of the same. He submitted that,
therefore, the proposed action against his client is not merely
frivolous, but malafide and unnecessary.
5. Sri.R.Surendran then submitted that, merely because the
afore allegations are still pending against his client, the Deputy
Inspector General of Registration is refusing to consider his
application for renewal of license from 01.06.2020 to 31.05.2023,
even though his connected Scribe License has been renewed until
WPC 1602/20, 18400/20 & 9113/23
31.05.2023. He, therefore, prayed that the said Authority be
directed to allow his application for renewal of Ext.P1 license in
WP(C)No.9113/2023, within a time frame to be fixed by this
Court.
6. In response, Sri.Hanilkumar - learned Special
Government Pleader, submitted that the impugned show-cause
notices in WP(C)Nos.1602/2020 and 18400/2020 were issued to the
petitioner as a routine investigative measure because, a complaint
was received against him by the aforementioned Sri.K.P.Preman.
He submitted that, therefore, the competent Authority will
complete the enquiry, after hearing the petitioner also and take a
final decision as to his claims in all these Writ Petitions.
7. In reply, Sri.R.Surendran submitted that this Court, in
Ext.P9 judgment produced along with WP(C)No.1602/2020 - which
relates to another similarly placed Document Writer - has found
that there is a difference between complicity in a fraudulent
transaction and a mistake in a document. He submitted that even
if there is mistake in a document, the license of a person like his
client cannot be cancelled, but that, at the best, it can only
WPC 1602/20, 18400/20 & 9113/23
warrant a punishment of warning; and hence that nothing stops
the Deputy Inspector General of Registration considering and
allowing his application for renewal of Ext.P1 license in
WP(C)No.9113/2023.
8. The afore rival submissions being placed on record,
what is now relevant is to verify whether the notices impugned in
WP(C)Nos.1602/2020 and 18400/2020 deserve to be interdicted by
this Court at this stage. Prima facie, what is reflected from these
notices is that a complaint was preferred against the petitioner by
the aforementioned Sri.K.P.Preman, asserting that the former had
committed irregularities and misfeasance with respect to two
different Sale Deeds, with which he absolutely has no connection.
This appears to have spurred the competent Authority to issue the
impugned show-cause notices, though an enquiry into the same
has not been yet completed.
9. As I have said above, it is the specific case of the
petitioner that the instances impelled in these cases have
analogous bearing to which were seen by this Court in Ext.P9
judgment in WP(C)No.1602/2020; but consideration of this will
WPC 1602/20, 18400/20 & 9113/23
surely have to be done by the competent Authority at the first
instance. I do not think that this Court will be justified in
interdicting the show-cause notices at this stage, thus preempting
an enquiry, though the question whether the aforementioned
Sri.Preman has any locus to have maintained the complaint and
such other, are certainly aspects which will have to be decided
appositely.
10. However, coming to WP(C)No.9113/2023, I do not think
that it is justified to refuse renewal of the license of the petitioner
or to keep his applications for such purpose pending until such
time as the afore enquiry is completed, particularly because, prima
facie, it does not appear that he should be put to prejudice at this
stage on the basis of yet uncorroborated or unproved allegations.
In the afore circumstances,
a) WP(C)Nos.1602/2020 and 18400/2020 are ordered,
directing the competent Authority to allow the petitioner to file
objections/additional objections, as he may please, to the
impugned show-cause notices, within a period of one month from
the date of receipt of a copy of this judgment; consequent to
WPC 1602/20, 18400/20 & 9113/23
which, the competent Authority will hear him, the aforementioned
Sri.K.P.Preman, as also any other person who may be interested;
thus culminating in an appropriate order and necessary action
thereon within a period of six months from the date of receipt of
a copy of this judgment.
b) I clarify that while the afore exercise is completed, no
conclusion now entered in the impugned notices or proceedings in
either of these cases will trammel or fetter the Authorities from
conducting a proper enquiry and completing the proceedings
thereunder. To paraphrase, the Authorities will act without being
influenced by what is stated in Exts.P7 and P8 in
WP(C)No.1602/2020 and Exts.P8 and P9 in WP(C)No.18400/2020.
c) WP(C)No.9113/2023 is allowed and the 2nd respondent -
Deputy Inspector General of Registration is directed to immediately
consider the petitioner's request for renewal of license, without
waiting for completion of the afore enquiry, but subject to its final
decision, and after affording him an opportunity of being heard;
thus culminating in an appropriate order and necessary action
thereon, confirming all other statutory requirements being satisfied,
WPC 1602/20, 18400/20 & 9113/23
within a period of one month from the date of receipt of a copy
of this judgment.
d) Needless to say, until such time as the directions in (c)
above are completed, the interim order of this Court dated
21.03.2023 in WP(C)No.9113/2023 will continue to be in force.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 1602/20, 18400/20 & 9113/23
APPENDIX OF WP(C) 1602/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED
OF 2018 OF SRO CHOKLI.
EXHIBIT P2 TRUE COPY OF THE SETTLEMENT/GIFT DATED
25/10/2016 REGISTERED AS DOCUMENT NO.
1894 OF 2016 OF SRO CHOKLI, EXECUTED BY
SMT. RAMNA, IN FAVOUR OF HER HUSBAND
SRI. BAIJU. P.K.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED
14.8.2019 FILED BY THE THIRD RESPONDENT
BEFORE THE DISTRICT REGISTRAR (GENERAL),
KANNUR.
EXHIBIT P4 TRUE COPY OF THE REPORT DATED 29.8.2019
OF SUB REGISTRAR, CHOKLI SUBMITTED
BEFORE THE DISTRICT REGISTER (GENERAL),
KANNUR.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED
16.9.2019 FIELD BY THE THIRD RESPONDENT
BEFORE THE FIRST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REPORT DATED 20.12.2019
SUBMITTED BY THE DISTRICT REGISTRAR
(GENERAL), KANNUR BEFORE THE FIRST
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 7.1.2020
ISSUED BY THE FIRST RESPONDENT TO THE
FIRST PETITIONER.
EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 7.1.2020
ISSUED BY THE FIRST RESPONDENT TO THE
SECOND PETITIONER.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED
21.11.2014 IN WPC NO. 23860 OF 2008.
REPONDENTS' EXTS:
ANNEXURE R1(A) TRUE COPY OF THE REPORT DATED 24.10.2019
ANNEXURE R1(B) TRUE COPY OF THE REPORT OF THE
SECRETARY, THALASSERY MUNICIPALITY DATED
12.11.2019.
ANNEXURE R1(C) TRUE COPY OF THE REPORT DATED 03.12.2019
UNDER RTI ACT
ANNEXURE R1(D) TRUE COPY OF THE CIRCULAR DATED
03.11.2012
ANNEXURE R1(E) TRUE COPY OF THE NOTIFICATION DATED
16.05.1960
WPC 1602/20, 18400/20 & 9113/23
APPENDIX OF WP(C) 18400/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED
24/01/2007,REGISTERED AS DOCUMENT NO.191
OF 2007 OF SRO THALASSERY
EXHIBIT P2 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
19.8.2020 ISSUED BY THE THIRD RESPONDENT
EXHIBIT P3 TRUE COPY OF THE REPLY DATED
3.9.2020,SUBMITTED BY THE PETITIONER
BEFORE THE THIRD RESPONDENT,THROUGH THE
SUB REGISTRAR,THALASSERY
EXHIBIT P4 TRUE COPY OF THE DOCUMENT WRITER'S
LICENCE DATED 4-11-1998 AND RENEWED FROM
TIME TO TIME AND ISSUED TO THE
PETITIONER (RELEVANT PAGES)
EXHIBIT P5 TRUE COPY OF THE SCRIBE LICENCE DATED
4.11.1998 AND RENEWED FROM TIME TO TIME
AND ISSUED TO THE PETITIONER (RELAVANT
PAGES)
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 1-10-2020
ISSUED BY THE THIRD RESPONDENT TO THE
PETITIONER
EXHIBIT P7 TRUE COPY OF REPLY DATED 9-10-2020
SUBMITTED BYTHE PETITIONER BEFORE THE
THIRD RESPONDENT THROUGH THE SUB
REGISTER, THALASSERY
EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 17-11-2020
ISSUED BYTHE SECOND RESPONDENTQ
EXHIBIT P9 TRUE COPY OF THE REPORT DATED 19-10-2020
SIGNED BY THE THIRD RESPONDENT AND
APPENDED TO THE EXHIBIT P8 NOTICE
WPC 1602/20, 18400/20 & 9113/23
APPENDIX OF WP(C) 9113/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE DOCUMENT WRITER'S
LICENSE NO. DAR-108 DATED 4-11-1998,
ISSUED BY THE SECOND RESPONDENT AND
RENEWED THROUGH THE THIRD RESPONDENT
Exhibit-P2 A TRUE COPY OF THE SCRIBE LICENSE
BEARING NO.SAR-196 DATED 4-11-1998,
ISSUED BY THE SECOND RESPONDENT AND
RENEWED THROUGH THE THIRD RESPONDENT
Exhibit-P3 A TRUE COPY OF THE INTERIM ORDER DATED
26-11-2020 IN I.A NO.2 OF 2020 IN WP(C)
NO.18400 OF 2020 ON THE FILE OF HIGH
COURT OF KERALA
Exhibit-P4 A TRUE COPY OF THE INTERIM ORDER DATED
9-11-2021 IN WP(C) NO.18400 OF 2020 OF
HIGH COURT OF KERALA
Exhibit-P5 A TRUE COPY OF THE APPLICATION DATED 18-
02-2020 SUBMITTED BY THE PETITIONER FOR
RENEWAL OF EXHIBIT P1 LICENSE
Exhibit-P6 A TRUE COPY OF THE APPLICATION DATED 20-
2-2023 FOR RENEWAL OF EXHIBIT P1 LICENSE
SUBMITTED BY THE PETITIONER BEFORE THE
THIRD RESPONDENT
Exhibit-P7 A TRUE COPY OF THE APPLICATION DATED 20-
2-2023 FOR RENEWAL OF EXHIBIT P2 LICENSE
SUBMITTED BY THE PETITIONER BEFORE THE
THIRD RESPONDENT
Exhibit-P8 A TRUE COPY OF THE LETTER DATED 4-3-2023
ISSUED BY THE SECOND RESPONDENT TO THE
DISTRICT REGISTRAR (GENERAL), KANNUR AT
THALASSERY
Exhibit-P9 A TRUE COPY OF THE COMMUNICATION DATED
10-3-2023 ISSUED BY THE THIRD RESPONDENT
TO THE PETITIONER
