Aravindan.R v. The Deputy Secretary

W.P.(MD)No.20019 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.20019 of 2021 and W.M.P.(MD)Nos.16711 and 16712 of 2021 R.Aravindan ... Petitioner vs.

The Deputy Secretary, Law Department, Government of Tamil Nadu, St.George Fort, Chennai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the respondent, dated 29.01.2021 bearing No.13231/Administration.2021-1 and quash the same on the ground that the same is against law and direction of the Honorable Apex Court in Miscellaneous Application No.665/2021 in SMW(C)No.3/2020, dated 27.04.2021 and to direct the respondent to renew the certificate of practice already renewed through G.O.Ms.No.332, Law Department, dated 22.06.2017 issued in favour of the petitioner for further period of five years. For Petitioner :Mr.G.Ramanathan For Respondent :Mr.D.Gandhraj Special Government Pleader *****

O R D E R

This Writ Petition is filed in the nature of Certiorarified Mandamus, questioning the impugned order passed by the respondent, dated 29.07.2021 and seeking a direction to the respondent to renew the certificate of practice already renewed through G.O.Ms.No.332, Law Department, dated 22.06.2017 issued in favour of the petitioner for further period of five years.

2.The petitioner is an Advocate, who had enrolled in December1987. He had been recognised as Notary for Madurai District by way of Government Order issued in December-2001. He had continuously renewed the said privilege given to him to function as Notary. But, owing to COVID-19 pandemic, when it is claimed that he also took medical treatment, he could not submit the application in time. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.20019 of 2021 3.It is common knowledge that the Honourable Supreme Court had extended the period of limitation, which are covered under various statutes and in this case, the period of limitation is only under the Government Order and I have no hesitation to direct the respondent to consider the application of the petitioner herein and if it is otherwise in order, pass orders recognising the petitioner as Notary for Madurai District. In view of this particular order, the order already passed by the respondent, dated 29.07.2021 in Letter No.13231/Admn/2021-1, dated 29.07.2021, is set aside. The respondent is directed to consider afresh the application of the petitioner herein, which is dated 15.07.2021 and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

4.In view of above, the Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. SD ASSISTANT REGISTRAR ( AD II ) TRUE COPY /11/2021 SUB ASSISTANT REGISTRAR ( CS ) cmr To The Deputy Secretary, Law Department, Government of Tamil Nadu, St.George Fort, Chennai.

1CC TO THE SPL GOVT PLEADER SR 33931 RS PM 19/11/2021 2P/3C Order made in W.P.(MD)No.20019 of 2021 09.11.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/2