STATE OF KERALA Vs. JACOB ZACHARIA

JUDGEMENT

(1.) The interesting point arising in these batch of appeals is whether a person registered as a Notary under the Notaries Act, 1952 has an automatic right of renewal under S.5(2) of the Act. In all the cases before us the Law Secretary has informed the various applicants that he is directed to inform them that their applications for renewal are rejected since the Government has taken a decision not to give more than two renewals to any Notary. The writ petitioners were also informed by the Law Secretary that they could apply afresh. Questioning the various orders the Notaries filed the writ petitions. The learned single Judge considered the position of Notaries in England and India in a very elaborate judgment and also considered the various provisions in the Act and Rules including the provisions of the Negotiable Instruments Act containing references to the Notary public. The learned Judge then considered S.5(2) of the Act and observed as follows:

(2.) These appeals are preferred by the State of Kerala. We have heard learned Government Pleader and learned counsel for the respondents.

(3.) We have given our anxious consideration to the important question involved and we have ultimately come to the conclusion that the provisions of S.5(2) of the Notaries Act, 1952, as they stand today, do not intend to confer any discretion on the Governmental the time of a renewal application made by a Notary. This is clear from the language in S.5(2) of the Act itself which reads as follows: