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2009 Supreme(Mad) 1709

R.S.RAMANATHAN
M. A. Mohammed Ibrahim – Appellant
Versus
Secretary to Government, Law Department (Admn), Secretariate – Respondent


Advocates appeared:
For the Petitioner:M. Ajmal Khan, Advocate.
For the Respondents: Pala Ramasamy, Special Govt. Pleader.

Judgment :-

Heard the learned counsel for the petitioner and Mr.Pala Ramasmy, learned Special Government Pleader, who takes notice on behalf of the respondents. By consent of both the counsel, the writ petition is taken up for final hearing.

2. The petitioner is a Notary and also a practising Advocate at Madurai District Court and he was made as a Notary by the respondents by order dated 10.02.1997 and it was periodically renewed and the last renewal was from 10.02.2003 and the renewal of Certificate of Practice expired on 09.02.2008. Therefore, as per the Rule 8-B of the Notaries Act 1956, three months prior to the expiry the Certificate of Practice may be renewed for a further period of five years on payment of prescribed fee.

3. The case of the petitioner is that he was suffering from jaundice during the relevant period and taking country medicine initially and thereafter, treated with allopathy medicine and therefore, he was not able to apply for renewal 3 months prior to the expiry date. As the application was not made within three months, the first respondent issued a show cause notice dated 18.03.2008 calling for explanation from the petitioner for his belated application aft











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