← Library
Madras High CourtWP/19611/2021ordered

V.Karunanithy v. The Union Of India

2021-09-16Honourable Mr Justice R. Mahadevan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P. No.19611 of 2021 V. Karunanithy .. Petitioner

Versus

1. The Union of India Rep. by Secretary to Government Secretary to Ministry of Law and Justice 4th Floor - A - Wing Shastri Bhavan New Delhi - 100 001

2. State of Tamil Nadu Rep by Secretary to Law Department Secretariat, Fort St. George Chennai - 600 009

3. Deputy Secretary to the Government Law (Admn) Department Secretariat Chennai 600 009 .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the communication of the 3rd respondent in Letter No.11620/Admn/2021-1 dated 16.06.2021, quash the same and consequently direct the respondents 2 and 3 to consider petitioner's application for renewal and issue certificate of practice for further period of 5 years, up to 11.10.2026 For Petitioner : Mr. G. Rajagopalan, Senior Counsel for M/s. G.R. Associates for Petitioner For Respondents : Mrs. V. Sudha Central Government Standing Counsel for R1

ORDER

The present writ petition has been filed praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the communication of the 3rd respondent in Letter No.11620/Admn/2021-1 dated 16.06.2021, quash the same and consequently direct the respondents 2 and 3 to consider petitioner's application for renewal and issue certificate of practice for further period of 5 years, up to 11.10.2026. 2.

The petitioner enrolled himself as an Advocate on 25.04.1984 with the Bar Council of Tamil Nadu and he is practicing in the Courts at Chennai. During the course of such practice, he submitted an application for appointment as a Notary in and around the City of Chennai for five years and he was accordingly appointed as a Notary from 11.10.2001 by issuing a Certificate of Practice. The petitioner was also regularly paying the prescribed fees for the renewal of notary license from time to time. Such certificate of practice issued to the petitioner is valid upto 11.10.2021. For further extension, the petitioner ought to have submitted an application six months prior to 11.10.2021, the date on which the extension to practice expires. In other words, the petitioner ought to have submitted an application for extension on or before 10.04.

2021, but due to the nation wide lock down imposed by the State Government, he was unable to submit his application in time, in person. The attempts made by the petitioner to submit an application on-line could not be effectuated due to technical glitch in the server. Ultimately, only on 02.06.2021, the petitioner submitted an application for renewal in person and the same was not considered by the third respondent stating that application cannot be accepted offline and he was informed that the application ought to have been submitted six months before expiry of the Certificate to Practice. Accordingly, the application submitted on 02.06.2021 was rejected as time barred. Therefore, the petitioner has filed this writ petition. 3.

The learned counsel for the petitioner submitted that as per the Notary Rules, 1959, the application seeking renewal of certificate of practice ought to have been submitted six months before the expiry of the period of validity. In case of belated submission, such delay can be condoned as per Section 8B of the Notary Rules, 1956. However, as per the

amendment brought in to the Rules with effect from 06.11.2019, the power for relaxing the delay has been taken away and therefore, the petitioner is left no other statutory remedy except to file this writ petition. It is stated by the learned counsel for the petitioner that the petitioner made all out efforts to submit the application on-line but such attempts have been futile. In any event, the application could not be submitted in person due to the lock down imposed by the State Government to arrest the spread of the Covid-19 pandemic. While so, the learned counsel for the petitioner prayed for condoning the delay in submitting the application for renewal of Certificate of Practice and to direct the respondents to renew the Certificate of Practice to the petitioner for further period.

4.

On the above contention of the learned counsel for the petitioner, this Court heard the submissions made by the learned Central Government Standing Counsel for the first respondent and perused the material records placed. 5.

It is apparent that the petitioner is a holder of Certificate of Practice to discharge the duties of a Notary. At the first instance, the petitioner was issued with such a certificate on 11.10.2001, which was periodically renewed until 11.10.2021. As per the Notary Rules, for the purpose of further renewal of Certificate of Practice, an application ought to have been submitted by the petitioner on or before 10.04.2021, but in the instant case, such an application has been submitted on 02.06.2021. It is stated in paragraph No. 6 of the affidavit filed in support of the writ petition, the petitioner has made attempts to submit the application on-line on 06.04.2021, 09.04.2021 and 20.04.2021, but due to technical glitch, he could not succeed in submitting the application for renewal.

It is also stated that the petitioner could not submit the application for renewal in person due to the lock down imposed by the Government to curb the spread of Covid-19 Pandemic. Thus, it is evident that the petitioner could not submit the application for renewal in time due to reasons which are beyond his control. The explanation offered by the petitioner for non-submission of application for renewal within six months time has to be accepted. In such view of the matter, by citing the technicalities in uploading the application for renewal, the petitioner cannot be deprived of renewal.

digitilisation is to ensure speedy and easy access to the schemes of the Government but it should not be put against a person to deprive his or her legitimate right due to technicalities. The validity of the Certificate of Practice issued to the petitioner is in currency and it expires only on 11.10.2021. While so, the delay in submission of the application for renewal cannot be put against the petitioner in the given facts and circumstances of the case. Therefore, this Court is of the considered view that exercising the jurisdiction conferred under Article 226 of The Constitution is desirable in the present case. Accordingly, this Writ Petition is disposed of with the following direction (i) The petitioner is directed to submit a fresh application in proper format within a period of two weeks from the date of receipt of a copy of this order.

(ii) On receipt of such application, the second respondent is directed to entertain the application for renewal without raising any issue relating to limitation, consider the same and pass appropriate orders for renewal of Certificate of Practice, within a period of four weeks thereafter. (iii) No costs.

Sd/- Assistant Registrar (CS-VII) // True Copy // Sub Assistant Registrar dhk/rsh To

1. Secretary to Government The Union of India Secretary to Ministry of Law and Justice 4th Floor - A - Wing Shastri Bhavan New Delhi - 100 001

2. The Secretary to Law Department Secretariat, Fort St. George Chennai - 600 009

3. Deputy Secretary to the Government Law (Admn) Department Secretariat Chennai 600 009 +1CC to M/s.V.Sudha, Advocate, SR.No. 47034 +1CC to M/s.G.R.Associations, Advocate, SR.No. 47280 WP No. 19611 of 2021 SV I(CO) B.VC (13/10/2021)