IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 23463 of 2007(R) ---------------------------------------- PETITIONER: --------------------- C.K.VELAI, ADVOCATE, KEERTHI, KALLUMPRAM, POST KADAVALLUR. TRICHUR-680543. BY ADV. SRI.SHERRY J. THOMAS RESPONDENT: ---------------------- STATE OF KERALA REPRESENTED BY ITS SECRETARY, LAW (H) DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY SR. GOVERNMENT PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23463/2007 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION DTD. 30/09/2003 FOR THE POST OF NOTARIES SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P2: COPY OF THE LETTER NO.15233/H2/2002/LAW. DTD. 6/03/2003 REGARDING THE ENQUIRY CONDUCTED BY THE RESPONDENT ON THE APPLICATION FOR THE POST OF NOTARY. EXT.P3: COPY OF THE LETTER NO.8811/H2/2005/LAW DTD. 5/08/2005 FROM THE COMPETENT AUTHORITY UNDER THE NOTARY ACT REGARDING THE INTIMATION ABOUT THE INSPECTION OF THE OFFICE OF THE PETITIONER. EXT.P4: COPY OF THE REPRESENTATION DTD. 1/08/2006 SUBMITTED BEFORE THE SECRETARY, LAW (H) DEPARTMENT. EXT.P5: COPY OF LIST OF 26 NOS. OF NOTARIES APPOINTED AFTER THE APPLICATION OF THE PETITIONER. EXT.P6: COPY OF THE OFFICE NOTE FILE SIGNED BYTHE UNDER SECRETARY TO GOVERNMENT, LAW DEPARTMENT WHICH REVEALS THAT THERE IS NO LEGAL IMPEDIMENT IN APPOINTING THE PETITIONER AS NOTARY. EXT.P7: COPY OF THE CIRCULATION NOTE REGARDING THE APPOINTMENT OF PETITIONER CONSIDERING THE INADEQUATE REPRESENTATION OF SC/ST CATEGORY AMONG NOTARIES. EXT.P8: COPY OF THE REPORT BY THE JOINT SECRETARY TO GOVERNMENT RECOMMENDING FOR THE APPOINTMENT OF PETITIONER AS NOTARY. EXT.P9: COPY OF CIRCULATION NOTE RECOMMENDS TO KEEP THE APPLICATION IN ABEYANCE FOR SPECIAL CONSIDERATION SINCE THE PETITIONER BELONGS TO SC/ST CATEGORY AS AND WHEN THE GOVERNMENT COULD APPOINT FRESH NOTARY. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 23463 of 2007 ------------------------------------- Dated: MARCH 31, 2008 JUDGMENT Ext.P1 is an application made by the petitioner for appointment as a notary. That has not been considered for the reason that in terms of the rule, initially the maximum permissible number was 375 which was revised to 563 by an amendment effected on 19.5.2006. As against this, it is stated that the actual number of notaries in the State is 692. It is therefore submitted that the respondent is not in a position to consider the application made by the petitioner. It is also stated that several other applications were received, but not considered. 2. If, as stated above, the actual number of notaries appointed exceed the number permissible, the respondent cannot be faulted for not considering the application made by the petitioner. Therefore, reserving liberty to the petitioner to make an WP(C) 23463/08 Page numbers application as and when there are vacancies, this writ petition is closed. ANTONY DOMINIC, JUDGE mt/-