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1997 Supreme(Mad) 416

JAYASIMHA BABU
S. Ramanarayanan – Appellant
Versus
The State of Tamil Nadu rep. by Secretary to Government, Law Department, Fort. St. George, Madras-600 009 and another – Respondent


Advocates:
Mr.N.R. Chandran, Senior Counsel for M/s. R. Natarajan, Samy A. Kumar, and K. Rajasekaran, Advocate for Petitioner. Mr. G. Sankaran, Government Advocate for Respondents.

Judgment :

1. Petitioner is a practising Advocate. He was appointed by the State Government as a Notary under the Notaries Act 1952 on 210. 1989. At the expiry of the period of three years from that date, his certificate of practice was renewed by a notification issued by the State Government dated 21. 1993. Petitioner applied for further renewal before the expiry of three years from 21. 1993. That application dated 112. 1995 was filed 51 days after 210. 1995. The rejection of that application and consequent removal of the petitioner from the list of Notaries by the Government’s notification dated 28. 1996 has been challenged by the petitioner in this petition.

2. The reason for removal as set out in the Notification is that petitioner had failed to apply for renewal, along with the Fee therefore before the expiry of three years from 210. 1995 and the explanation given by the petitioner for not applying before 210. 1995 was not satisfactory.

3. Learned Senior counsel for the petitioner contended that the impugned order is unsustainable. He contended that question of delay does not arise as neither the Act nor the rules prescribe the time limit within which the application should






















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