Durairaj v. The Secretary To Government Of The Law Department,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP No. 5848 of 2026 Durairaj Petitioner(s) Vs

1. The Secretary to Government of the Law Department, Law Department, Secretariat, Chennai 600 009. 2.The Deputy Secretary to Government Law (Admin) Department, Secretariat, Chennai 600 009 Respondent(s) This writ petition has been filed under Article 226 of Constituition of India, to issue a writ of Certiorarified Mandamus calling for records relating the order bearing in GO no 411 dated 23.12.2025 passed by the 1st respondent and quash the same and consequently directing the respondents renewed the certified of practice of Notary of the petitioner issued by the 1st Respondent on 02.08.2028 For Petitioner(s):

Mr.S.Saravana Kumar For Respondent:

Mr.P.Ganesan, AGP

ORDER

Aggrieved by the order passed by the respondent dated 23.12.2025, whereby the request made by the petitioner for condonation of the period of 449 days in applying for renewal of permission to be a notary was rejected.

2. It is the case of the petitioner that he was enrolled as an Advocate in the year 2007 and he was permitted to act as an Notary in the District of Villupuram for a period of five years from 02.08.2018. The said period of five years was expired on 01.08.2023. As per Section 8-B of Notaries Rules, 1956 the application for renewal of certificate of practice shall be submitted online before six months of the date of expiry of its validity. According to the petitioner, due to certain unavoidable, he could not make prior application for renewal of certificate of practice and there was a delay of 449 days. According to the petitioner, when he checked the expiry date on the website of the Government, the date was mentioned as 13.06.

2028 and therefore, he was under bonafide impression that his application was automatically renewed and therefore, he continued to do his job as Notary. According to the petitioner, on 04.04.2024, the first respondent had issued a show cause notice calling upon the petitioner to show cause why his notaryship should not be cancelled. The petitioner submitted submitted his reply and explained the reason for delay and mistake. However, without considering the same, the respondent has passed the impugned order dated 23.12.2025 cancelling the certificate of practice given to the petitioner to act as Notary throughout Villupuram District. Challenging the same, the present writ petition has been filed.

3. Heard both sides and perused the materials available on record.

4. It is brought to the notice of this Court that the respondents have power to condone delay under Section 8-B of the Notaries Act. Without going into the merits of the contentions raised by the learned counsel for the petitioner, this Court grants liberty to the petitioner to make a fresh representation to the respondents within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the second respondent shall consider the same under Section 8-B of Notary Act, within a period twelve weeks from the date of submission of application for condonation of delay.

5. With the above observation and directions, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 19-02-2026 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Secretary to Government of the Law Department, Law Department, Secretariat, Chennai 600 009 2.Deputy Secretary to Government Law (admin) Department, Secretairt, Chennai 600 009

M.DHANDAPANI J.

rli 19-02-2026