N.S.Palanisamy v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2021 C O R A M THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.13367 of 2020 N.S.Palanisamy
...Petitioner
Vs.
1.The Secretary to Government, Home (Police-13) Department, Fort St. George, Secretariat, Chennai - 600 009.
2.The Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.
3.The Additional District Magistrate and District Revenue Officer, Coimbatore.
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the Secretary to Government, Home (Police-13) Department, Fort St. George, Secretariat, Chennai - 600 009, the first respondent herein to dispose of the appeal dated 11.02.2013 filed before the Commissioner of Revenue Administration, the second respondent herein within a time frame fixed by this Court. For Petitioner :Mr.A.V.Arun For Respondents :Mr.V.Shanmuga sundar, Special Government Pleader
O R D E R
This writ petition has been filed for a mandamus seeking for a direction to the first respondent to dispose of the petitioner's appeal dated 11.02.2013 which was filed before the second respondent within a time frame to be fixed by this Court.
2. Aggrieved by the order dated 04.01.2013 passed by the third respondent rejecting the petitioner application seeking for arms license, the petitioner preferred the statutory appeal on 11.02.2013 before the second respondent under section 18 of the Arms Act, 1959. Since the appeal has not been considered,
this writ petition has been filed for early disposal of the said statutory appeal.
3. Heard Mr.A.V.Arun, learned counsel for the petitioner and Mr.V.Shanmuga Sundar, learned Special Government Pleader for the respondents.
4.The relief sought for in this writ petition is an innocuous one. The petitioner has filed the statutory appeal under section 18 of the Arms Act, 1959 on 11.02.2013 before the second respondent aggrieved by the order dated 04.01.2013 passed by the third respondent rejecting the petitioner's application for arms license. According to the learned counsel for the petitioner, the statutory appeal is of the year 2013 and it is still pending.
5. However, learned Special Government Pleader for the respondents submits that he has to get instructions as to whether the statutory appeal is still pending or not.
6. No prejudice will be caused to the respondents, if the statutory appeal filed by the petitioner before the second respondent is disposed of, if it is pending within a time frame to be fixed by this Court. The statutory appeal is of the year 2013 and hence, the statutory appeal will have to be necessarily disposed of expeditiously by the first respondent, if it is pending.
7. For the foregoing reasons, this Court directs the first respondent to dispose the statutory appeal filed by the petitioner under section 18 of the Arms Act before the second respondent, if it is pending within a period of twelve weeks from the date of receipt of a copy of this Order.
8. With the aforesaid direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar nl To 1.The Secretary to Government, Home (Police-13) Department, Fort St. George,Secretariat, Chennai - 600 009.
2.The Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.
3.The Additional District Magistrate and District Revenue Officer, Coimbatore.
+1 CC to M/S.AV.Arun,Advocate Sr No.19677 W.P.No.13367 of 2020 PL(CO) RG.20.04.2021