Mr.G.Kannan Vs the Principal Secretary to — Writ and Judicial Review | Madras HC (2025)

Mr.G.Kannan Vs the Principal Secretary to — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No writ of declaration was issued; the petition was disposed of after the Court accepted, as an undertaking, the Additional Government Pleader's statement that document writers may enter the registration office for inspection of documents (with proper authorization from a client), registration of documents, and other similar work requiring entry; there was no order as to costs and the interim application was also disposed of.

Issue for consideration

Whether the amended Rule 7 of the Tamil Nadu Document Writer's License Rule, 1982 (effected by G.O.Ms.No.49 dated 15.04.2010), which restricts document writers from entering the registration office for registration-related work unless directed by the registering officer, is null and void and should be declared so under Article 226.

Court's answer

The amendment to the Tamil Nadu Document Writer's License Rule, 1982 effected by G.O.Ms.No.49 dated 15.04.2010 only places a restriction on document writers; unlike the Andhra Pradesh rules (which barred document writers from even entering the compound of the registration office), it does not bar entry altogether.

Ratio / Principle

As read by the Court, the amended Rule 7 provides that a document writer shall not enter the registration office for the purpose of work relating to registration unless he is directed to do so by the registering officer concerned.

Key takeaways

The Court accepted as an undertaking the statement of the Additional Government Pleader that, so long as the document writer may enter the registration office for specific purposes — (a) inspection of documents when he has proper authorization from a client, (b) registration of documents, and (c) other similar work for which entering the registration office is required — there is no restriction; on this basis the petition was disposed of.ratio¶28

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P.(MD) No.8951 of 2016 (G.Kannan v. Principal Secretary to Government, Commercial Tax and Registration Department & Anr.), decided 12.02.2025 by K.R.Shriram, C.J.: A writ petition under Article 226 sought declaration that the amended Rule 7 of the Tamil Nadu Document Writer's License Rule, 1982 (G.O.Ms.No.49, Commercial Taxes and Registration (M2), dated 15.04.2010) — restricting document writers from entering the registration office for registration work unless directed by the registering officer — was null and void. The Court distinguished Inspector-General of Registration and Stamps, Hyderabad v. Andhra Pradesh State Document Writers' Association, AIR 2003 AP 193, relied on by petitioner's counsel, since the Andhra Pradesh rules barred document writers from even entering the compound of the registration office, whereas the Tamil Nadu amendment 'only places a restriction'. Accepting as an undertaking the Additional Government Pleader's statement that document writers may enter for (a) inspection of documents with proper authorization from a client, (b) registration of documents, and (c) other similar work requiring entry, the Court disposed of the petition with no order as to costs; the interim application (W.M.P.(MD) No.7134 of 2016) was also disposed of.