Martin Selvam v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2020

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.6980 of 2020 and W.M.P.Nos.8327 & 8328 of 2020 Martin Selvam ... Petitioner vs The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, E.V.R.High Road, Vepery, Chennai - 600 007.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the issue of the order in proceedings vide R.C.No.E.III (2)/10/504/2019 duly issued by the Commissioner of Police, Vepery, Chennai - 7, the respondent herein dated 22.02.2020.

For Petitioner : Mr.Ashokkumar.D.

For Respondents : Mr.R.A.S.Sethilvel, Additional Government Pleader

O R D E R

Mr.R.A.Senthilvel, learned Additional Government Pleader takes notice for the respondent. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner is aggrieved against the order of the respondent dated 22.02.2020 in rejecting to renew the Arms license issued to the petitioner.

3. Section 15(3) of the Arms Act, 1959, contemplates that every licence shall, unless the licensing authority for reasons to be recorded in writing, otherwise decides in any case, be renewable for the same period for which the licence was https://hcservices.ecourts.gov.in/hcservices/

originally granted and shall be renewable from time to time and the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof.

4. Section 18 of the Arms Act, 1959, deals with Appeals wherein any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or suspending or revoking a licence may prefer an appeal before the appellate authority, viz., the Government.

5. Therefore, the petitioner has to only go before the Appellate Authority and file an Appeal against the order impugned in this writ petition.

6. Accordingly, this Writ Petition is disposed of, without expressing any view on the merits of the claim made by the petitioner, only by granting liberty to him to file such appeal before the competent Appellate Authority within a period of three weeks form the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar vsi To The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, E.V.R.High Road, Vepery, Chennai - 600 007.

+1 CC to Government Pleader SR 24328 W.P.No.6980 of 2020 MRP 29/05/2020 https://hcservices.ecourts.gov.in/hcservices/