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1990 Supreme(Mad) 723

RAMALINGAM
D. R. Papi Chetty – Appellant
Versus
State of Tamil Nadu Rep by its Secretary to Government – Respondent


Advocates Appeared:
For the Petitioners:Mr. S. Silambanan Represented by, Advocate, Mrs. Nalini Chidambaram, Senior Counsel.
For the Respondents: Mr. K. Raviraja Pandian, AGP (W).

Judgment :-

1. The prayer in the writ petition is for the issue of a writ of declaration, declaring R. 4-A of the Tamil Nadu Document Writers Licence Rules 1982, hereinafter referred to as ‘the Rules’, inserted by G.O.Ms. No. 317 Commercial Taxes and Religious Endowments Department, dated 23-5-1990, as unconstitutional and illegal and void.

2. The petitioners state that they have been licensed under the provisions of the rules, which enable them to prepare documents to be registered under the Registration Act. The petitioners have licences valid till 31-12-1990 and thereafter renewals are also contemplated. By the amendment made to these rules by the aforesaid G.O. dated 23-5-1990, R. 4-A, reading as follows, was introduced :

“PRESENT LICENCE HOLDERS TO CONTINUE TILL 60 YEARS OF AGE : The persons holding Document Writers Licence as on 22nd & 23rd May, 90 sha11/continue as such till they complete sixty years of age.”

The petitioners state that R. 4-A which imposes a restriction regarding the age upto which alone a document writer would be licensed, is unconstitutional and invalid on grounds which are set out below.

3. The petitioners state that under Art-19 (1)(g) of the Constitution,






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