IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 8158 of 2006(U) ------------------------------------- PETITIONER: ------------------- K. SASIKUMAR, ADVOCATE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.RAJESH. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LAW (H) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. U.S. ANISHKUMAR, SEENA BHAVAN, KARETTU, VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT. GOVERNMENT PLEADER SMT. M.R. SREELATHA FOR R1, ADV. SRI.MILLU DANDAPANI FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8158/2006-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO. 10475/H2/04/LAW DTD. 06/07/2004 ISSUED BY R.1. EXT.P.2: COPY OF THE COMPLAINT FILED BY THE R.2. BEFORE THE R.1. EXT.P.3: COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER. EXT.P.4: COPY OF THE INSTRUCTIONS OF THE LABOUR ATTACHY DEPARTMENT OF THE INDIAN EMBASSY, RIYADH, SAUDI ARABIA. EXT.P.5: COPY OF THE MEMO OF CHARGES. EXT.P.6: COPY OF THE WRITTEN STATEMENT OF DEFENCE OF THE PETITONER. EXT.P.7: COPY OF THE ORDER NO. 10475/H2/04/LAW DTD. 19/12/2005 ISSUED BY THE R.1. EXT.P.8: COPY OF THE APPEAL PETITION DTD. 06/03/06 FILED BEFORE THE MINISTER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.8158 of 2006 ------------------------- Dated this the 21st day of October, 2008. JUDGMENT The petitioner, who was appointed as a Notary under the Notaries Act, 1952 {for short 'the Act'}, is aggrieved by Ext.P7 order, by which the Government decided to remove his name from the register of notaries, as per Section 10 of the Act. The relevant portion of Ext.P7 reads as follows: “The inquiry conducted in the matter by the Competent Authority has proved that there is prima facie case against the notary. The Government after considering the written statement of the above said notary and report of the Competent Authority, it is decided to remove his name from the register of Notaries as per Section 10 of the Notaries Act, 1952.” 2. Learned counsel for the petitioner makes a reference to Sub Rule (6) of Rule 13 of the Notaries Rules 1956. The same reads as follows: (6) If on a perusal of the written statement, if any, of the notary concerned and other relevant documents and papers, the appropriate Government consider that there is a prima facie W.P.(C).NO.8158/06 :: 2 :: case against such notary, the appropriate Government shall cause an inquiry to be made in the matter by the competent authority. If the appropriate Government is of the opinion that there is no prima facie case against the notary concerned, the complaint or charge shall be filed and the complainant and the notary concerned shall be informed accordingly.” 3. Going by the Rules, it seems that what was found by the Government was a prima facie case against the incumbent and ultimately the Government decided to cancel the certificate of practice as a notary. Consequential action under the procedure contemplated by Sub Rule (6) of Rule 13 of the Rules, has not been done in this case. 4. Learned Government Pleader submits that an enquiry was conducted. But it is thereafter that Ext.P5 memo of charges was issued. An enquiry was conducted after Ext.P5, but no enquiry was conducted before Ext.P7. Ext.P7 may be treated as an intimation that the Government is satisfied that there is a prima facie case against the said notary, but an enquiry, as contemplated by the Rules, has not W.P.(C).NO.8158/06 :: 3 :: been conducted. There cannot be any removal from the list of Notaries or a cancellation of certificate, unless it is is preceded by an enquiry. In the result, Ext.P7 is quashed. The Government shall issue a fresh notice to the petitioner as contemplated by Rule 13(6) of the Rules and then proceed to conduct an enquiry, as contemplated under the Rules and pass an order under Rule 13(12)(b) of the Rules, within three months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//