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2016 Supreme(Mad) 1322

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, J.
V. Govindarajan – Petitioner
Versus
The Inspector General of Registration Chennai – Respondent
Writ Petition No. 23896 of 2015
Decided On : 18-04-2016

Advocates Appeared:
For the Petitioner: Mr. N. Suresh.
For the Respondent:Mrs. P. Rajalakshmi Government Advocate.

Headnote:Tamil Nadu Document Writers Licence Rules, 1982, Rules 5, 12, 13 and 16 - Constitution of India, 1950 Article 14 The petitioner sought for the renewal of the document writer license which he was issued 14 years back - he was appointed as village administrative officer after issuance of license - he was not able to use the license during his tenure in the government service - there is no law which says that the license cannot be renewed after petitioner’s retirement- the petitioner was asked to bring the documents and records along with form B as per Rule 13 which he was not bound to do as he never used the license for he was in service for 14 years - Rule 5(h) states that proved misconduct is a prohibition for renewal of license which is clearly out of question in present case as there is no evidence for any kind of misconduct on the part of Petitioner during his service - The refusal of renewing the license is against Article 14 of the Constitution and without authority - the delay in filing the application of renewal of license was not intentional as the petitioner was in service for 14 years- while allowing the Writ Petition the order of refusal for renewal of license is quashed.

ORDER :

1. The petitioner has come forward with this writ petition challenging the order dated 21.07.2015, whereby the first respondent refused to renew the document writer licence issued to the petitioner, which deprived him to practice such profession of document writer.

2. The petitioner is a document writer by profession and he acquired such skill of writing documents by experience. The petitioner obtained a licence issued by the first respondent in the year 1977. Thereafter, The Tamil Nadu Document Writers Licence Rules, 1982 (hereinafter referred to as The Rules) came into force with effect from 12.04.1982. As per Rule 12 of The Rules, such licence issued to a document writer has to be renewed once in five years. As far as the petitioner is concerned, he renewed his licence periodically from time to time and lastly, his licence was renewed on 13.01.1997 with effect from 01.01.1997 and it has it's validity till 31.12.2002. However, even before expiry of the licence, the petitioner got selected and appointed to the post of Village Administrative Officer in Tiruchengode Taluk and therefore, he could not renew the licence. According to the petitioner, he retired from his service on 31.08.2014. After his retirement, as there is no embargo for the petitioner to carry on his profession of document writer, he submitted an application to the second respondent and sought for renewal of his licence by remitting the necessary fee. The application submitted by the petitioner was forwarded by the second respondent to the first respondent on 08.12.2014 seeking clarification as to whether the renewal of document writer's licence can be granted and/or renewed in favour of the petitioner who retired from government service and in receipt of pension.

3. According to the petitioner, his retirement from government service or receipt of pension has nothing to do with the renewal of llicence. Therefore, challenging the letter dated 08.12.2014 of the second respondent, the petitioner filed WP No. 1460 of 2015. By an order dated 22.01.2015, this Court by referring to the profession of Advocates who after their retirement from government service used to practice law, issued a direction to the first respondent to issue appropriate clarification to the second respondent within eight weeks. In the order dated 22.01.2015, it was also observed that there is no statutory prohibition for renewing the licence in favour of the petitioner. Inspite of such direction issued by this Court, the first respondent sent a communication dated 10.02.2015 to the second respondent purported to be a clarification stating that there is no provision to renew the licence in favour of the petitioner. Challenging the same, the petitioner filed yet another writ petition in WP No. 11531 of 2015. By order dated 21.04.2015, this Court passed an order in WP No. 11531 of 2015 directing the first respondent to take note of the earlier order dated 22.01.2015 passed in WP No. 1460 of 2015 filed by the petitioner and to pass orders thereon within a period of six weeks.

4. Pursuant to the order dated 22.01.2015 in WP No. 1460 of 2015, the petitioner was called upon to appear before the first respondent for an enquiry. Accordingly, on 14.07.2015, the petitioner appeared before the first respondent and submitted a representation dated 13.07.2015 along with the copies of the orders passed by this Court and the earlier representation dated 26.03.2015. Thereafter, the first respondent has passed the impugned order dated 21.07.2015, which was received by the petitioner on 28.07.2015. As per the impugned order, the first respondent concluded that there is a delay of 14 years in renewing the licence and it is contrary to Rule 12.

5. The learned counsel appearing for the petitioner would submit that the petitioner could not renew the licence in view of his selection and appointment as a Village Administrative Officer. The non-renewal of the licence within a period of five years as provided unde










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