IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2022

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

W.P.No.2095 of 2012

Vijayalakshmi

... Petitioner

Vs.

The District Registrar,

Office of the District Registrar,

Coimbatore.

... Respondent

PRAYER: The Writ Petition has been filed under Article 226 of

the Constitution of India praying to issue a Writ of Certiorari,

to call for the records on the file of the respondent in his

Proceedings No.12870/A3/2010, dated 06.01.2012 served on

10.01.2012 and quash the same.

For Petitioner

: M/s.S.Selvathirumurugan

For Respondent

: M/s.R.Kumaravel

Additional Government Pleader

(Registration)

O R D E R

The challenge to the Writ Petition is a show cause

notice issued by the respondent in his Proceedings

No.12870/A3/2010, dated 06.01.2012.

2. The petitioner would contend that she is a Document

Writer as defined under Rule 2(d) of the Tamil Nadu Document

Writers Licence Rules, 1982. As per Sub-Rule (g) of Rule 2, the

Inspector General of Registration or the Deputy Inspector

General of Registration of respective zone authorised by him in

this behalf in respect of State Licences is the Licensing

Authority. Insofar as the District and Sub-district licences are

concerned, the District Registrar is the Licensing Authority.

3. Even though the petitioner is a State Licensee and

the Inspector General of Registration is the Licensing Authority

https://hcservices.ecourts.gov.in/hcservices/

under Sub-Rule (g) of Rule 2, the respondent has issued a show

cause notice dated 06.01.2012 as per Rule 16(3) of the Rules.

The show cause notice issued by the respondent is without

jurisdiction.

4. The learned Additional Government Pleader appearing

for the respondent would contend that Rule 16 of the Tamil Nadu

Document Writers Licence Rules, 1982, empowers that the

Licensing Authority has the power to revoke or cancel the

license for misconduct or unsatisfactory work done by the

Document Writer. Before cancelling or revoking the licence, an

opportunity should be given. The Inspector General of

Registration, by his Letter No.50794/SC/2010, dated 14.11.2011,

has directed the District Registrar to issue a show cause

notice. Therefore, as per the instructions of the Inspector

General of Registration, the respondent has issued the show

cause notice. Final order will always be passed by the Inspector

General of Registration. Therefore, the petitioner without

submitting her explanation, has rushed to the Court. Therefore,

according to him, the Writ Petition against the show cause

notice is not maintainable.

5. I have considered the submissions made by the

learned counsel appearing on either side.

6. It is true to state that when a show cause notice

is issued, the Document Writer shall submit his/her explanation

within a stipulated time therein. Even assuming an order is

passed by the District Registrar, there is an appeal provided

under Rule 17 of the said Rules. However, a reading of the

impugned order shows that the respondent has issued the show

cause notice as per the powers conferred on him under Rule 16(3)

of the Tamil Nadu Document Writers License Rules, 1982. Rule 16

of the Tamil Nadu Document Writers Licence Rules, reads under:-

16. Suspension and cancellation of the licence -

(1) The District Registrar shall have the power to

suspend the district license or sub-district licence of

the document writer in his district for a period (not

exceeding six months) at a time for misconduct or

unsatisfactory work.

(2) The Inspector General of Registration

shall have power to suspend for any length of time the

State licence, district licence or sub-district licence

of a document writer for misconduct or unsatisfactory

work.

(3) The Licensing Authority shall have the

powers to revoke or canc