Mr.G.Kannan v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2025
CORAM:
THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) No.7134 of 2016 G.Kannan ... Petitioner -vs1.The Principal Secretary to Government, Commercial Tax and Registration Department, Secretariat, Chennai.
2.The Inspector General of Registration, Santhome High Road, Chennai - 28.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration to declare the impugned amended Rule 7 of Tamil Nadu Document Writer's License Rule, 1982 (G.O.Ms.No.49, Commercial Taxes and Registration (M2) dated 15.04.2010) as null and void. For Petitioner :
Mr.V.N.Arjun For Respondents :
Mr.M.Sarangan Additional Government Pleader for R1 & R2
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Counsel for petitioner, at the outset, was harping upon the judgment of the Andhra Pradesh High Court in the case of Inspector-General of Registration and Stamps, Hyderabad v. Andhra Pradesh State Document Writers' Association, reported in AIR 2003 AP 193. However, the facts in this case were entirely different inasmuch as the Andhra Pradesh Rules barred any document writer from even entering the compound of the registration office.
2. In the case in hand, the Government Order (Ms) No.49, dated 15.04.2010, by which the Tamil Nadu Document Writer's License Rule, 1982, was amended, only places a restriction and it says "he shall not enter into the registration office for the purpose of work relating to registration unless he is directed to do so by the registering officer concerned".
3. Counsel for respondents states that it is a very reasonable restriction because the office would otherwise get crowded affecting the functioning of the office. Mr.M.Sarangan, the Additional Government Pleader, states that so long as the Document Writer may enter into the office for specific purposes:
(a) Inspection of Documents: when he has proper authorization to that effect from a client (or) ;
(b) Registration of Document (or);
(c) Other similar work for which entering into the registration office is required, there is no restriction.
This Statement by Mr.M.Sarangan, the Additional Government Pleader, is accepted as an undertaking by this Court.
4. In view of the above, Mr.M.Sarangan, the Additional Government Pleader states that the petition can be disposed. Petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, interim application also stands disposed of.
[K.R.SHRIRAM., C.J.] [V.LAKSHMINARAYANAN, J.] 12.02.2025 NCC : Yes / No Index : Yes / No PKN
To:
1.The Principal Secretary to Government, Commercial Tax and Registration Department, Secretariat, Chennai.
2.The Inspector General of Registration, Santhome High Road, Chennai - 28.
THE HON'BLE CHIEF JUSTICE and V.LAKSHMINARAYANAN , J.
PKN 12.02.2025