A writ appeal filed by the State challenging a Single Judge's order directing appointment of a Notary Public only upon vacancy. The High Court found no reason to interfere and dismissed the appeal.
The writ appeal filed by the State is dismissed. The order of the learned Single Judge is upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH &
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 18TH DAY OF JULY 2017/27TH ASHADHA, 1939
WA.No. 1453 of 2017 () IN WP(C).22215/2016
AGAINST THE JUDGMENT IN WP(C) 22215/2016 DATED 23-01-2017
APPELLANT(S)/RESPONDENTS 1 TO 3:
1. STATE OF KERALA REPRESNETED BY LAW SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE LAW SECRETARY GOVERNMENT SECRETARUAT, THIRUVANANTHAPURAM - 695 001.
3. THE COMPETENT AUTHORITY UNDER THE NOTARIES ACT, LAW DEPARTMENT, GOVERNMENT SECRETAIRAT, THIRUVANANTHAPURAM, PIN - 695 001.
BY SR. GOVERNMENT PLEADER SRI. V. TEKCHAND
RESPONDENT(S)/PETITIONER:
PRADEEP KUMAR K AGED 49 YEARS, S/O. KRISHNAN N., TC 13/876, KUNNIL HOUSE, KANNUKUZHY P.O., THIRUVANANTHAPURAM, PIN - 695 037.
BY SRI.M.R.RAJESH
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sou.
Navaniti Prasad Singh, CJ &
Raja Vijayaraghavan V, J
W.A. No. 1453 of 2017
Dated this the 18th day of July, 2017
J U D G M E N T
Navaniti Prasad Singh, CJ
We have heard the learned counsel for the State and
we have gone through the impugned judgment.
was with regard to appointment of a Notary Public under the Notaries Act,1952. Having discussed various matters as evident from paragraph 14 and 15 of the judgment under appeal, learned Single Judge noticed that at best there may be one vacancy and the State was directed to take a decision in that regard. It was also observed that appointments shall be made as and when actual vacancy arises. Thus there is no direction to the State to make
appointment irrespective of vacancy. If the vacancy is in
2
W.A.1453/17
respect of some other area, it would be open to the State to notify its order in that regard accordingly, within the time as stipulated as ordered in the impugned judgment. We find no reason to interfere with the order of the learned Single Judge. The appeal is consequently
dismissed.
Sd/Navaniti Prasad Singh, Chief Justice
Sd/Raja Vijayaraghavan V, Judge
sou.18/7. // True copy //
2 issues framed by the court
Whether the Single Judge erred in directing the State to make appointment only as and when vacancy arises.
Whether the Court should interfere with the order of the learned Single Judge regarding appointment of Notary Public.
1 provisions across 1 enactments
State of Kerala represented by Law Secretary, Government Secretariat, Thiruvananthapuram
Law Secretary, Government Secretariat, Thiruvananthapuram
Competent Authority under the Notaries Act, Law Department, Government Secretariat, Thiruvananthapuram
Pradeep Kumar K
Navaniti Prasad Singh
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
