The main legal point established in the judgment is that the renewal of certificate of practice is not automatic, an application for renewal beyond the period of three years could be entertained, and payment of fee without an application does not entitle the notary for consideration of renewal. The court also found that the renewal of certificate of practice is automatic, and the removal of name from the register for non-filing of application for renewal is unsustainable.

D. MURUGESAN, J.

1. This writ appeal is directed against the order in W.P. No. 5090 of 1995 dated 3.8.2001 dismissing the writ petition filed by the appellant. Following are the few facts leading to the filing of the writ appeal.

2. The appellant was enrolled as an Advocate in the Madras Bar Council on 28.6.67. Her name was entered in the register of notaries maintained by the State Government under Section 4 of The Notaries Act, 1952 (hereinafter referred to as “the Act”). She was also issued with the certificate by the State Government authorizing her to practice as notary with effect from 23.3.87 for a period of three years upto 22.3.90. The said certificate was renewed for a further period of three years upto 22.3.93. The appellant remitted the fee on 24.8.92 for further renewal, which was encashed by the respondent on 25.8.92 much prior to the expiry of the period for which the appellant was given the certificate of practice. The appellant however, did not make application along with the renewal fee but, such application was in fact sent on 1.8.93, indisputably after the expiry of the period for which she was given the certificate of practice and the same was acknowledged on 27.8.93. Since the said application was not disposed of, the appellant made a representation on 24.3.94 and a further reminder on 7.7.94 for disposal of her application for renewal. Thereafter, the appellant was served with the order dated 7.2.95 removing her name from the register of notaries in exercise of power under Section 10(b) of “the Act”. The said order was challenged by the appellant in the writ petition which came to be dismissed on 3.8.2001 on the ground that the period of three years for which the renewal was sought had already expired. It is against this order the present writ appeal has been filed.

3. Mrs. S. Shyamala, learned counsel for the appellant submitted that the order removing the name of the appellant from the register of notaries on the ground that the appellant had not paid any prescribed fee required to be paid is unsustainable inasmuch as the appellant had paid the necessary fee for renewal as early as on 24.8.92 much prior to the period for which the certificate of practice was issued. The learned counsel further submitted that in any case, in the absence of any period of limitation prescribed either under “the Act” or under The Notaries Rules (hereinafter referred to as “the Rules”) to make an application for renewal, the application dated 1.8.93 ought to have been considered. Hence, the order removing the name of the appellant on the ground that the appellant did not apply within a period of three years from the date of issue of the certificate of practice is unsustainable. Finally, the learned counsel submitted that under Section 5(2) of “the Act”, renewal is automatic.

4. Mr. V. Raghupathi, learned Government Pleader appearing for the respondent, on the other hand, submitted that when the period of certificate of practice itself was restricted to three years, unless an application for renewal was filed within the said period, the appellant was not entitled to renewal as a matter of right as the renewal was not automatic. The learned Government Pleader therefore, submitted that there is nothing wrong in removing the name of the appellant from the register of notaries, as there was no request for renewal before the expiry of the period for which the certificate of practice was issued.

5. Having heard the respective counsel and in view of the rival submissions, the following points arise for consideration.

(1) Whether an application made for renewal beyond the period of three years from the date on which the certificate of practice was issued could be entertained and considered?

(2) Whether payment of fee without there being any application would entitle the notary for consideration of renewal of certificate of practice? And

(3) Whether the renewal of certificate of practice is automatic?

6. For better appreciatio