The Court allowed the writ petition seeking quashing of licence cancellation orders. Relieved the petitioner from suspension lasting over 11 years, reversed the penalty, and directed respondents to consider granting a fresh licence.
Revoked suspension, directed respondents to issue fresh licence to petitioner, exempting them from Rule 5(i) bar.
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.
W.P.No.187 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No. 187 of 2013 and M.P.No. 2 of 2013
N.Ramasamy
.. Petitioner
Vs.
.. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorari calling for the records of the first respondent in G.O.(D) No.353, dated 16.08.2012, Commercial Taxes & Registration (M2) Department and the order of the 2nd respondent in RC.No.2355/S2/2011, dated 21.07.2011 and quash both the orders.
For Petitioner : Mr.M.Sivavarthanan For Respondents : Mr.K.Tippusulthan Government Advocate
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O R D E R
This writ petition has been filed challenging the order of the first respondent confirming the order passed by the second respondent cancelling the licence issued to the writ petitioner under the Tamil Nadu Document Writers Licence Rules, 1982.
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counsel appearing for the petitioner would submit that the petitioner's licence was suspended from the year 2011 and almost 11 years is over and he has already suffered enough punishment and therefore prayed for revocation of the licence as the punishment is disproportionate to the charges. Hence he seeks modification.
that as the document has been created by ante-dating as against the Rules, therefore the first and second respondents have rightly cancelled the licence. He further submitted that however it is left to the discretion of the Court to modify the punishment.
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misconduct or unsatisfactory work. Whereas the Inspector General of Registration shall have power to suspend for any length of time the state licence, district licence or sub-district licence of a document writer for misconduct or unsatisfactory work. Similarly, the Licensing Authority shall have the powers to revoke or cancel the licence of a document writer issued by him for misconduct or unsatisfactory work or for any disqualification prescribed in Rule 5, or for breach of any of the conditions of the licences after giving him an opportunity a show cause against the action proposed to be taken against him. Similarly, the Inspector General of Registration shall also have the power to revoke or cancel any licence of a document writer.
suspension for all these years is treated as punishment and suspension is revoked. Therefore the petitioner is entitled to apply for fresh licence and the
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respondents are directed to consider issuing fresh licence to the petitioner in accordance with law. It is made clear that while considering the fresh licence, the bar contained in Rule 5(i) may not come in the way for the respondents in granting fresh licence to the petitioner. With the above direction, the writ petition is disposed of. Conse quently, the connected miscellaneous petition is closed. No costs.
13.10.2022
kk
To
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W.P.No.187 of 2013
N.SATHISH KUMAR, J.
kk
W.P.No.187 of 2013 and M.P.No.2 of 2013
13.10.2022
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2 issues framed by the court
Whether the penalty of licence cancellation imposed for ante-dating a document is disproportionate given that the parties have compromised and the suspension effectively lasted 11 years.
Whether the petitioner is entitled to apply for a fresh licence and be exempted from the bar under Rule 5(i) of the Tamil Nadu Document Writers Licence Rules, 1982.
1 provisions across 1 enactments
N. Ramasamy
The State of Tamil Nadu
The Additional Registrar (Chits & Societies)
The District Registrar, Cuddalore
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
