Kerala High Court
A.V.Rajesh vs The Secretary on 31 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 26316 OF 2016
PETITIONER:
A.V.RAJESH, S/O.VELAYUDHAN, AGED 37 YEARS,
AMBATTU HOUSE, PINDIMANA, KOTHAMANGALAM,
PIN - 686 698
BY ADV. SRI.C.DILIP
RESPONDENTS:
1 THE SECRETARY, REGISTRATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
2 INSPECTOR GENERAL OF REGISTRATION, OFFICE OF
INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR,
THIRUVANANTHAPURAM, PIN - 695 035.
3 DISTRICT REGISTRAR (GENERAL), OFFICE OF DISTRICT
REGISTRAR (GENERAL), SECOND FLOOR,
C.C.NO.40/1017, OPPOSITE TO MAHARAJA'S COLLEGE
GROUND, KOCHI - 11.
BY ADV.
SRI.B.S.SYAMANTAK, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.26316 of 2016
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 26316 of 2016
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Dated this the 31st day of May, 2024
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"a) Call for the records of the case leading up
to Exhibit P5 and quash the same by issuing a writ of
certiorari or any other writ, order or direction.
b) Issue other appropriate writ, order or
direction which this Hon'ble court may deem fit to issue
and the petitioner may pray from time to time."[SIC]
2. This Writ petition is filed challenging Ext.P5
order issued by the District Registrar (General),
Ernakulam suspending the Document writing license of
the petitioner for a period of three months. The
allegation against the petitioner is that a sale deed
registered through the petitioner as evident by Ext.P4
had resulted financial loss of Rs.5,050/- to the
Government. It is submitted that the above order is
passed without giving an opportunity of hearing to the
petitioner. It is also submitted that the ground
mentioned in Ext.P5 is not a reason to suspend the
license as per Rule 31 of the Kerala Document Writers
Licence Rules, 1960.
3. Heard the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. A perusal of Ext.P5 would not show that it is an
order passed after giving an opportunity of hearing to
the petitioner. When this Writ petition came up for
consideration on 09.08.2016, this Court stayed Ext.P5
and the interim order is in force even now. In such
circumstances, I am of the considered opinion that
Ext.P5 can be set aside and there can be a direction to
reconsider the matter after giving an opportunity of
hearing to the petitioner.
Therefore, this Writ petition is disposed of in the
following manner:
1. Ext.P5 is set aside.
2. The 3rd respondent is directed to reconsider the
matter after giving an opportunity of hearing to
the petitioner. While deciding the matter, the 3rd
respondent will also consider the contention of
the petitioner based on Rule 31 of the Kerala
Document Writers Licence Rules, 1960.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 26316/2016
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE PHOTOSTAT COPY OF LICENSE
DATED 09.08.2002 ISSUED BY THE DEPUTY
INSPECTOR GENERAL OF REGISTRATION
(LICENSING), THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE PHOTO COPY OF SHOW CAUSE NOTICE
DATED 18.06.2016 ISSUED BY THE THIRD
RESPONDENT.
EXHIBIT P3 TRUE PHOTOCOPY OF REPLY DATED
29.06.2016 SUBMITTED BY THE PETITIONER
BEFORE THE THIRD RESPONDENT.
EXHIBIT P4 TRUE PHOTO COPY OF DESCRIPTION OF
DOCUMENT NO.4735/2011 DATED 03.08.2011
OF KOTHAMANGALAM S.R.O
EXHIBIT P5 TRUE PHOTO COPY OF ORDER DATED
04.08.2016 ISSUED BY THE THIRD
RESPONDENT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
