IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 26108 of 2006(G) --------------------------------------- PETITIONER: ------------------- E.M.KUNJUMONE, ADVOCATE, SAMORA VILLA, MUTHUPILAKKADU (WEST), KOLLAM DISTRICT. BY ADV. SRI.K.KARTHIKEYA PANICKER, ADV. SMT.DAYA K. PANICKER. RESPONDENT: ---------------------- THE SECRETARY, DEPARTMENT OF LAW, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008, ALONG WITH W.P.(C). NO. 29421/ 2006,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26108/2006-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION DTD. 28/12/2005. EXT.P.2: COPY OF THE CHELAN DTD. 18/02/06. EXT.P.3: COPY OF THE NOTIFICATION DTD. 21/02/2006 ISSUED BY RESPONDENT. EXT.P.4: COPY OF THE PAPER PUBLICATION DTD. 22/10/2006 IN MADHYAMAM DAILY. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 26108, 29421 OF 2006 and 30556 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2008 JUDGMENT The issues which arise for consideration in these cases are similar, especially going by the stand taken by the Government in these cases. But since directions to be issued may not be common, I will take up each one of these cases separately apart from dealing with the common contentions. The common issue which arises is one relating to the appointment of the petitioners herein as Notaries under Notaries (Fourth Amendment) Rules, 2007. In so far as WPC Nos.30556/08 and 26108/06 are concerned, the applications filed by the respective petitioners for appointment as Notaries have been rejected on the ground that the total number of Notaries practicing in the State exceeds the permitted number as specified in the Rules. 2. Learned counsel for the petitioner in WPC 30556/08 brings to my notice the Notaries (Fourth amendment) Rules, 2007 and the amendment to the Schedule to the Rules which shows that the number of Notaries in the State of Kerala has been increased from 563 to 675. The counter affidavit filed by the Government shows the W.P.(C)Nos.26108,29421 of 2006 and 30556 OF 2008 -:2:- only reason for rejecting the petitioners’ application for appointing them as Notary is that the total number of Notaries practicing in the State at present is in excess of 563 which was the permissible number at the point of time. Rules have been amended and the number has been increased from 563 to 675. The applications filed by the petitioners in these cases may be reconsidered and decision taken in accordance with law. In the result, WPC 30556/08 is disposed of directing the 1st respondent to reconsider the petitioner’s application within two months from the date of receipt of a copy of this judgment. It is made clear that the respondents shall follow the priority list drawn up with reference to the date on which the individual application for appointment as Notary has been received by the Government. 3. WPC 26108/08 is disposed of directing the respondent to pass orders on the petitioner’s application, Ext.P1, for appointment as a Notary and issue certificate of practice to him, if he is found to be eligible for appointment as a Notary. Necessary orders may be passed in this regard within two months from the date of receipt of a copy of this judgment. W.P.(C)Nos.26108,29421 of 2006 and 30556 OF 2008 -:3:- 4. In WPC 29421/06, the petitioner has a case that he was appointed as Notary but certificate of practice has not been issued. The stand taken by the Government is that there is no final disposal of his application and certificate has not been issued because the total number of notaries practicing were in excess of the permitted number. The discussion undertaken above applies to the case of the petitioner also. Accordingly, the Writ Petition is disposed of directing the 1st respondent to pass orders on the petitioner’s application for appointment as Notary and issue a certificate of practice if he is otherwise eligible. This shall be done within two months from the date of receipt of a copy of this judgment. (V. GIRI, JUDGE) ttb