LAWS(KER)-2005-11-20

ASOKAN Vs. LAW SECRETARY

Decided On November 28, 2005
ASOKAN Appellant
V/S
LAW SECRETARY Respondents

JUDGEMENT

(1.) The petitioner was a Notary Public, appointed by the State Government for the revenue district of Kollam. His initial appointment was for a period of three years from 18.09.1984. The certificate of practice as Notary was renewed in 1987, for a further period of three years. When he applied for renewal of the same in 1990, the said application was rejected by the Government, by Ext.P9 communication. The petitioner challenged Ext.P9 before this Court by filing O.P.9811/1590. The said O.P. was allowed by Ext.Pl 1 judgment. So, his certificate of practice was again renewed up to 18.9.2002. He submitted an application on 12.8.2002, for renewal of the said certificate. That application was rejected by Ext.P12 communication. The relevant portion of Ext.P12 reads as follows:

(2.) A statement has been filed on behalf of the 1st respondent. Since the ._ Government of India have limited the number of Notaries in Kerala to 375 from 9.5.2001, fresh applications and renewals were rejected, to bring down the number to 375. Therefore, the petitioner's application for renewal was rejected, it is submitted.

(3.) Heard the learned Counsel on both sides. Rule 8 of the Notaries Rules, 1956 is the relevant Rule, which is applicable to renewal of certificates of the existing Notaries. The said Rule reads as follows: