P.P.Balakrishnan vs State Of Kerala
2024 Latest Caselaw 4515 Ker

Citation : 2024 Latest Caselaw 4515 Ker
Judgement Date : 6 February, 2024

Kerala High Court

P.P.Balakrishnan vs State Of Kerala on 6 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                        WP(C) NO. 2866 OF 2024
PETITIONER:

          P.P.BALAKRISHNAN
          AGED 54 YEARS
          ADVOCATE (K/483/98), P.M.TOURIST HOME,
          OPP. CIVIL STATION ROAD, MALAPPURAM, PIN - 676505
          BY ADVS.
          PHILIP J.VETTICKATTU
          NEENU BERNATH
          SAJU S. DOMINIC


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2     THE SECRETARY
          LAW DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    3     ADDITIONAL SECRETARY TO GOVERNMENT AND COMPETENT
          AUTHORITY UNDER THE NOTARIES ACT
          LAW DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001


          SRI. SUNIL K.KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2866 OF 2024               2

                              JUDGMENT

It is admitted by the learned counsel for the petitioner and the

learned Government Pleader that the issues involved in this case have

been squarely answered in favour of the petitioner, vide the

declarations in the judgment delivered by this Court in P.C.Najeeb v.

State of Kerala and Others (WP(C) No. 33338 of 2023).

2. However, the learned Government Pleader submitted that,

since the process of filling up of the vacant slots of Notaries is an

ongoing process, the petitioner can apply even now and will be

considered in the next available chance. He undertook that the

rejection of the petitioner's application in the past year, evidenced

through Exts.P10 and P13, will not stand in the way of he being allowed

to do so and that his application will be considered dispassionately,

without being hampered by the same. He submitted that he is making

this option available to the petitioner because, even if this writ petition

is to be allowed, it would be a case where his case will have to be

reconsidered, which would be no different from an application to be

made afresh.

3. The learned counsel for the petitioner, on hearing the learned

Government Pleader as afore, submitted that his client will, therefore,

apply online for the post of Notary and sought a direction to the

respondents to consider the same de hors Exts.P10 and P13 and in

terms of the declarations of this Court in P.C.Najeeb (Supra).

In the afore circumstances, following the judgment of this Court in

P.C.Najeeb (Supra), I allow this writ petition and leave liberty to the

petitioner to make a fresh application for being appointed as a Notary;

and if this is done, the same shall be considered by the competent

Authorities in terms of law, de hors Exts.P10 and P13 and adverting

specifically to the observations of this Court in the afore cited

precedent.

Needless to say, the liberty of the petitioner to approach this

Court again, if so required in future, is left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/6.2

APPENDIX OF WP(C) 2866/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE SECRETARY, BAR ASSOCIATION, MALAPPURAM DATED 15/2/2021 Exhibit P2 TRUE COPY OF THE MEMORIAL SUBMITTED BY THE PETITIONER DATED 8-5-2019 Exhibit P3 TRUE COPY OF THE LETTER DATED 12/2/2021 CALLING THE PETITIONER TO ATTEND THE INTERVIEW Exhibit P4 TRUE COPY OF THE ENQUIRY SOUGHT BY THE PETITIONER UNDER RTI ACT, 2005 DATED 1-3-

Exhibit P5 TRUE COPY OF THE INFORMATION DATED 12/4/2021 ISSUED TO THE PETITIONER Exhibit P6 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.10316/2021, DATED 11-1-2023 Exhibit P7 TRUE COPY OF THE LETTER BEARING NO.LW-

H2/113/2023-LAW, DATED 1-2-2023 Exhibit P8 TRUE COPY OF THE PROCEEDINGS BEARING NO.10340/H2/2019/LAW, DATED 2-6-2021, Exhibit P9 TRUE COPY OF THE REVIEW PETITION DATED 10- 03-2023 SUBMITTED BY THE PETITIONER Exhibit P10 TRUE COPY OF THE ORDER G.O. (RT)NO.423/2023/LAW PASSED BY THE RESPONDENT DATED 27-4-2023 Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF THE GAZETTE NOTIFICATION NO. LW- H2/453/2022- LAW DATED 09.01.2023 Exhibit P12 TRUE COPY OF THE QUERIES SUBMITTED BY THE PETITIONER UNDER THE RTI ACT, 2005, ON 2-8-

Exhibit P13 TRUE COPY OF THE INFORMATION ISSUED BY THE PUBLIC INFORMATION OFFICER, DATED 11-8-2023 Exhibit P14 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.33338/2023, DATED 20-12-2023 Exhibit P15 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE OFFICIAL WEBSITE OF LEGAL DEPARTMENT, KERALA STATE WHEREIN PROVIDING THE LINK FOR SUBMITTING "NOTARY APPLICATION"

Exhibit P16 TRUE COPY OF THE ADVERTISEMENT PUBLISHED BY THE RESPONDENT IN THE WEBSITE HTTPS://LAWSECT.KERALA.GOV.IN/ENGLISH/INDEX

.PHP WHEREBY ELICITING "NOTARY APPLICATIONS" FROM ELIGIBLE ADVOCATES FOR SUBMITTING THEIR APPLICATIONS WITHOUT MENTIONING ANY CUTOFF DATE