IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 35759 of 2009(L) ----------------------------------------- PETITIONER(S): ------------------------- N.BALAKRISHNAN NAIR, THENGUVILAKATHU VEEDU, POTHENCODE, THIRUVANANTHAPURAM. BY ADV. MR.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REGISTRATION, SECRETARAIT, THIRUVANANTHAPURAM. 2. REGISTRATION DEPUTY INSPECTOR GENERAL (LICENSING), OFFICE OF THE REGISTRATION INSPECTOR (CHITTY), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.35759 OF 2009 --------------------------------------- Dated this the 28th day of January, 2010. J U D G M E N T The petitioner herein is the holder of scribe's licence and thereby he is authorized to practice as a scribe attached to the Sub Registry officers in Thiruvananthapuram registration district. It is averred that he has been holding the licence for the last more than 37 years and last time it was renewed on 02.04.2009 for another period upto 31.05.2011. Exhibit P1 is the true photocopy of the scribe's licence issued by the Inspector General of Registration. 2. For getting the Document Writer's Licence, the petitioner will have to appear for a test. The qualification prescribed is S.S.L.C, and the petitioner does not possess the same. Even though he sought for permission to attend the test, his application was rejected for want of qualification. The petitioner is now seeking exemption under Rule 5 of the Kerala Document Writers Licence Rules, 1960. W.P.(C) No.35759/2009 2 3. The petitioner is relying upon a particular proviso provided to Rule 5 to the effect that the “Government may on the recommendation of the Licensing authority in appropriate cases, exempt any person or class of persons from the provisions of this rule”. Rule 5 as noted above provides power to grant licence under various conditions. 4. Seeking for appropriate orders in the matter, the petitioner has filed Exhibit P7 representation before the Secretary to Government, Taxes (E) Department. Learned counsel for the petitioner submitted that the Government may be directed to take a decision on Exhibit P7 within a time frame. There will be a direction to the Government in the concerned Department to consider Exhibit P7 and pass appropriate orders, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp