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Madras High CourtWP/14832/2026disposed of with direction

M.Balaji v. The Secretary To Government

2026-04-20Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI M.Balaji S/o.late M.V. Murugesan, Flat No.25, Revierview Apartments, 23/12, First Crescent Park Road Gandhi Nagar, Adyar, Chennai- 600 020.

..Petitioner Vs

1. The Secretary to Government Law(Administration) Department, Government of Tamil Nadu Secretariat, Chennai- 600 009.

2. The Joint Secretary to Government Law(Administration) Department, Government of Tamil Nadu Secretariat, Chennai- 600 009.

3. The Deputy Secretary to Government Law(Administration) Department, Government of Tamil Nadu Secretariat, Chennai- 600 009.

..Respondent(s)

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to renew his Certificate of Practice as Notary for a period of five years from 17.12.2022 to 17.12.2027on the basis of his application submitted on 07.10.2023. For Petitioner:

Mr.K.Rajasekaran For Respondents:

Mr.T.M.Rajangam Government Advocate

ORDER

This petition has been filed seeking a direction to the respondents to renew his Certificate of Practice as Notary for a period of five years from 17.12.2022 to 17.12.2027 on the basis of his application submitted on 07.10.2023.

2.The case of the petitioner is that his Notary Certificate of Practice was lastly renewed for a further period of five years with effect from 17.12.2017 meaning it remained valid up to 16.12.2022. It was therefore required to be renewed for another five-year period from 17.12.2022 to 17.12.2027. Rule 8B further states that an application for renewal of Certificate of Practice must be submitted to the appropriate Government at least six months prior to the date of expiry. In the present case, since the petitioner's Certificate of Practice was

valid upto 16.12.2022, he ought to have applied for renewal on or before 17.06.2022 itself. However, due to genuine reasons stated in his application dated 07.10.2023, he failed to submit the renewal application within the prescribed time, resulting in a delay of 293 days. The proviso to Rule 8B empowers the appropriate Government to condone such delay, if the application is not submitted before the said period of six months. Further, where an application within the stipulated six-month period. Furthermore, where an application is received within one year from the date of expiry, the appropriate Government may, after considering the reasons stated, renew the Certificate of Practice with effect from the date of its expiry. In the present case, the Certificate of Practice expired on 16.12.2022.

However, the petitioner submitted his application on 07.10.2023 within one year and with a delay of 293 days. Instead of considering the reasons and renewing the certificate, the 3rd respondent issued the show cause notice dated 08.03.2024 which is arbitrary and illegal. Hence the present writ petition has been filed. 3.The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the 2nd respondent to consider the petitioner's representation within a reasonable time to be fixed by this Court.

4.The learned Government Advocate appearing for the respondents would submit that the second respondent will consider the petitioner's representation and pass appropriate orders within a reasonable time to be fixed by this Court. 5.Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 07.10.2023 on merits and in accordance with law and pass appropriate orders, within a period of six (6) weeks from the date of receipt of a copy of this order, 6.With the above directions, this writ petition is disposed of. No costs. 20-04-2026 Index: Yes/No Speaking/Non-speaking order Uma

To

1. The Secretary to Government Law(Administration) Department, Government of Tamil Nadu Secretariat, Chennai- 600 009.

2. The Joint Secretary to Government Law(Administration) Department, Government of Tamil Nadu Secretariat, Chennai- 600 009.

3. The Deputy Secretary to Government Law(Administration) Department, Government of Tamil Nadu Secretariat, Chennai- 600 009.

M.DHANDAPANI, J.

Uma 20-04-2026