S.N.Krishne Gowdu v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.N.Krishne Gowdu
...Petitioner
Vs.
1.
The Principal Secretary, Additional Secretary Home Department, Secretariat, Chennai.
2.
The District Revenue Officer cum The Additional District Magistrate, Krishnagiri District, Krishnagiri.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to dispose of the petitioner's appeal dated 26.11.2018 pending on the file of the 1st respondent within a stipulated time frame as prescribed by this Hon'ble court.
For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.E.Veda Bagath Singh, Spl.GP.
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O R D E R
The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the 1st respondent to dispose of the petitioner's appeal dated 26.11.2018 pending on the file of the 1st respondent.
2. Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice for the respondents. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner is an agriculturist and doing agriculture in his agricultural land to an extent of 50 acres. Further, as the petitioner's residential village is located in the banks of the Javadhu Hills, in order to protect his family and the agricultural lands from the wild animal, the petitioner purchased a S.B.M.L. gun on 17.05.1996, and obtained gun license in License No.H.H.122 through proceedings No.73675/1995/A4 on 22.02.1996. Pursuant to the purchase, the petitioner renewed his license periodically and the last period of renewal was from 2/7
01.01.2015 to 31.12.2017. Subsequently, when the petitioner made an application dated 08.11.2017 before the 2nd respondent seeking renewal of the license, however, the 2nd respondent rejected the same, vide proceedings dated 14.09.2018, despite the No Objection Certificate (in short 'NOC') dated 03.03.2018 issued by the Sub Inspector of Police, Berigai Police Station, Krishnagiri stating that there is no pendency of Civil and Criminal proceedings against the petitioner under Arms License Rules. Aggrieved by the above said order, the petitioner preferred an appeal dated 26.11.2018 before the 1st respondent, however, till date the same was not considered. Hence, this Writ Petition.
4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 1st respondent to dispose of the petitioner's appeal dated 26.11.2018 as early as possible.
5. Learned Special Government Pleader has no objection for the said order being passed and he fairly conceded that the petitioner's appeal dated 26.11.2018 will be considered and appropriate orders will be passed within 3/7
the time stipulated by this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 1st respondent to consider the petitioner's appeal dated 26.11.2018 on merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.
7. This Writ petition is accordingly disposed of. No costs. 09.03.2023 skt Speaking Order : Yes/ No Index : Yes/ No 4/7
To:
1.
The Principal Secretary, Additional Secretary Home Department, Secretariat, Chennai.
2.
The District Revenue Officer cum The Additional District Magistrate, Krishnagiri District, Krishnagiri.
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M.DHANDAPANI, J.
skt 6/7
09.03.2023 7/7