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2005 Supreme(Mad) 662

MARKANDEY KATJU, FAKKIR MOHAMED IBRAHIM KALIFULLA
P. John Samuel – Appellant
Versus
State of Tamil Nadu, rep. by Secretary to Government & Another – Respondent


Advocates Appeared: For The Appellant:A. Sasidaran, Advocate. For The Respondents: V. Raghupathy, Government Pleader.

Judgment :-

The Chief Justice:

This writ appeal has been filed against the impugned order dated 21-9-2004 passed by the learned single Judge, dismissing the writ petition filed by the appellant.

2. We have heard the learned counsel for the appellant and carefully perused the records.

3. The appellant is a lawyer, practising in the courts at Saidapet. He was also a Notary, having been appointed by the respondent under the Notaries Act, 1956 and authorised to practise in the city of Madras. He was charged with the allegation that he violated the provisions of Rule 11(8) of the Notaries Rules, 1956 by leaving two blank Rs.20/- non-judicial stamp papers, bearing his signature and seal with the expression "signed before me", with a document-writer, which were seized by the Vigilance Department. An enquiry was held into the matter and the appellant was found guilty. His notary certificate was cancelled and consequently, he was perpetually debarred from practising as Notary. He filed a writ petition, which was dismissed by the learned single Judge, against which the present writ appeal has been filed.

4. Learned counsel for the appellant submitted that Rule 12(b)(i) of the Notaries Rules, 19




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