IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 4251 of 2011(F) ------------------------------------- PETITIONER(S): ------------------------ N.BALAKRISHNAN NAIR, THENGUVILAKATHU VEEDU, POTHENCODE, THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY OF TAXES (E) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. DEPUTY INSPECTOR GENERAL OF REGISTRATION (LICENSING), OFFICE OF THE REGISTRATION INSPECTOR, THIRUVANANTHAPURAM-695001. 3. THE DISTRICT REGISTRAR (GENERAL), THIRUVANANTHAPURAM-695001. R1 TO R3 BY SENIOR GOVT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.4251 of 2011 -------------------------- Dated this the 21st February, 2011 J U D G M E N T The petitioner contends that he is having 37 years' of experience as a 'Scribe' and the licence was being renewed from time to time. However, with regard to the Document Writer's License as contemplated under the relevant provisions of law, the same is not given to the petitioner in view of the mandate in the Rules, that such licence could be issued only to persons having SSLC qualification. In the said circumstances, petitioner sought for exemption as provided under Rule 5 of the Document Writer's License Rules, 1960. Since the request was not acceded to, petitioner approached this Court by filing W.P (C) No.35759/2009, which culminated in Ext.P3 judgment. 2. As per Ext.P3, this Court had directed the Government to consider Ext.P7 preferred by the petitioner and pass appropriate orders thereon. The case of the petitioner is that, pursuant to Ext.P3, the Government considered the matter and though necessary orders have been passed to conduct a 'special test' in respect of W.P (C) No. 4251 of 2011 2 similarly situated persons like the petitioner; followed by Ext.P5 dated 19.2.2010 calling for necessary particulars from all the District Registrars, nothing positive has taken place; which made the petitioner to approach this Court again by filing this writ petition. 3. Heard the learned Government Pleader as well. 4. The basic issue is with regard to the claim for exemption under Rule 5 of the Kerala Document Writer's License Rules, 1960. Even though pursuant to Ext.P3 judgment passed by this Court, the matter was considered by the Government as per Ext.P4, in view of the course pursued by the Government, it was held that there was no necessity to grant any exemption under Rule 5 of the Kerala Document Writer's License Rules, 1960, thus deciding to conduct 'special test' in respect of persons who do not have S.S.L.C In the said circumstances, it was obligatory on the part of the Government to have pursued and finalised further steps pursuant to Exts.P4 and P5. More so, when Ext.P4 was passed in furtherance to Ext.P3 verdict passed. W.P (C) No. 4251 of 2011 3 5. In the above situation, the respondents are directed to give effect to Exts.P4 and P5 and take all further necessary steps to conduct 'special test' in respect of the petitioner and other similarly situated persons for enabling them to obtain necessary Document Writer's License. Steps in this regard shall be finalised, as expeditiously as possible , at any rate within 'six months' from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- P.R.RAMACHANCDRA MENON, JUDGE ma /True copy/ P.A to Judge W.P (C) No. 4251 of 2011 4