R.Kaaruppan v. The Ministry Of Home Affairs
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13-12-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.23093 of 2009 And MP No.2 of 2009 R.Kaaruppan .. Petitioner vs.
1. The Ministry of Home Affairs, Represented by its Secretary, Northern Block, Government of India, New Delhi.
2. The State of Tamil Nadu represented by its Secretary, Department of Home Affairs, Fort St. George, Chennai - 600 009.
3. Blajeeth Singh Sethi, Secretary General, The National Rifle Association of India, No.51-B, Institutional Area, Thughlakabad, New Delhi - 110 062.
4. Sivanthi Adithyan, Secretary, Chennai Rifle Club, Vice President, National Rifle Association of India, Rani Buildings, Thanthai E.V.R. Periyar Road, Chennai.
5. P.S.Raman, Advocate General,
6. B.S.Raman, 54, Law Chambers,
7. The President of the Chennai Rifle Club and the Licensing Authority, The Commissioner of Police, Egmore, Chennai - 8.
8. Bureau of Civil Aviation Security Represented by its Secretary, Ministry of Civil Aviation, Gunmen to India, A. Wing, Janapath Bhavan, New Delhi - 110 001.
Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to allow the petitioner to take part in the 53rd National Clay Target Shooting Championship to be held at Patiala in Punjab from 12th of November to 16th November by excepting his entries and direct the eighth respondent not to insist on the approval letter from the Director General of Civil Aviation in the event of the petitioner or any other sportsmen carrying more than one gun and the carrying more than 50 rounds ammunition for training or taking part in training or shooting competitions for the concerned Aircraft (Carriage off Dangerous Goods) Rules 2003 even do not envisage a situation relating to the sports person carrying guns and ammunition taking to take part in training and competition within India and therefore have not provided for any power to be exercised by the Director General of Civil Aviation anywhere in the Aircraft Rules 2003.
And hold that the Arms Act of 1959 does not empower the grant of licences for possession of weapons with area of operation and restricted within that territory of India and direct the award of any price that the petitioner might have won and award compensation both punitive and actual and/or costs of this petition.
For Petitioner : No Appearance For Respondents-3 and 4 : Mr.K.R.Gokul Sundar for Mr.C.S.Seethapathy For Respondent-6 : Mr.L.S.M.Hasan Fizal
O R D E R
The relief sought for in the present writ petition is to direct the respondents to allow the petitioner to take part in the 53rd National Clay Target Shooting Championship to be held at Patiala in Punjab from 12th of November 2009 to 16th November 2009.
2. It is represented by the learned counsel for the respondents 3 and 4 that the petitioner died and therefore, the cause aroused for the purpose of filing the present writ petition became lapsed. Thus, no further adjudication needs to be entertained in respect of the grounds raised in the present writ petition.
3. Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Svn To
1. The Secretary, The Ministry of Home Affairs, Northern Block, Government of India, New Delhi.
2. The Secretary, State of Tamil Nadu, Department of Home Affairs, Fort St. George, Chennai - 600 009.
3. Blajeeth Singh Sethi, Secretary General, The National Rifle Association of India, No.51-B, Institutional Area, Thughlakabad, New Delhi - 110 062.
4. Sivanthi Adithyan, Secretary, Chennai Rifle Club, Vice President, National Rifle Association of India, Rani Buildings, Thanthai E.V.R. Periyar Road, Chennai.
5. P.S.Raman, Advocate General,
6. B.S.Raman, 54, Law Chambers,
7. The President of the Chennai Rifle Club and the Licensing Authority, The Commissioner of Police, Egmore, Chennai - 8.
8. The Secretary, Bureau of Civil Aviation Security Ministry of Civil Aviation, Gunmen to India, A. Wing, Janapath Bhavan, New Delhi - 110 001.
WP 23093 of 2009 BP(CO) SU(29/12/2021)