K.S.Muthu Vikram v. The District Collector And District Magistrate
2024:MHC:2266
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 12.06.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH K.S.Muthu Vikram ... Petitioner Vs The District Collector and District Magistrate Theeran Chinnamalai Maligai, 1st Floor, Perundurai Road, Erode Collectorate, Erode - 638 011 ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the District Collector and District Magistrate, the respondent herien to process the application of the petitioner dated 14.06.2017 and pass orders in accordance with law and on merits for the grant of license in SBBL (Single Barrel Breech Loader) Fire Arm to the petitioner within the time frame as may be fixed by this Hon'ble Court. For Petitioner : Mr.C.Prabaharan For Respondent : Mr.U.Bharanidhran Additional Government Pleader
O R D E R
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Mr.U.Bharanidharan, learned Additional Government Pleader accepts notice for the respondent and is armed with instructions to enable a final disposal of this Writ Petition.
2. The petitioner seeks a mandamus to direct the sole respondent, being District Collector and District Magistrate to process his application dated 14.06.2017 for grant of licence to possess SBBL (Single Barrel Breech Loader) Fire Arm under Section 13 of the Arms Act, 1959 (in short 'Act').
3. The petitioner claims to be native of Alukuli Village, Gobichettipalayam Taluk, Erode District. He states that his family possesses 25 acres of fertile land and is engaged in agricultural activities as well as managing a rice mill. His father had obtained a licence for possession of a revolver and SBBL Gun to meet the threats from wild boar that used to destroy the crops in the fields.
4. For the same purpose, the petitioner had sought grant of licence for SBBL Gun. The petitioner states that the Gun was required for self-use and for crop protection.
5. The application was made on 14.06.2017 and had also been duly recommended by the Superintendent of Police and Tahsildar from whom reports have been solicited. However it had come to be rejected on 21.12.2018, the respondent holding that the threat perceived was erroneous. 2/4
6. An appeal had been preferred under Section 18 of the Act on 11.01.2019 before the Commissioner of Revenue Administration, who by order dated 17.10.2022 found the order of the original authority erroneous and remanded the matter to his file for enquiry afresh. There is a direction in conclusion that the remanded proceedings should be concluded within 30 days from date of receipt of that order, despite which, the matter is still hanging fire. Hence, the present Writ Petition.
7. It is true that the matter has been remanded by order dated 17.10.2022. It was incumbent on the authorities to have adhered to the time frame that was fixed by the appellate authority, despite which, they are still at the stage of processing of the matter. In written instructions bearing reference No.24570/2021/C3 dated 11.06.2024, the authority states that he is awaiting the reports of the Superintendent of Police, Erode and the Revenue Divisional Officer, Gobichettipalayam for processing the matter.
8. While it is imperative that such field reports be obtained, the matter cannot be delayed indefinitely on this account. Hence, the requisite reports must be issued within a period of four (4) weeks from date of reciept of a copy of this order, for which purpose, a copy of this order shall be forwarded Dr.ANITA SUMANTH,J.
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to the concerned authorities forthwith. The respondent is directed to decide the remanded proceeding and simultaneously dispose the representation of the petitioner dated 14.06.2017, after hearing the petitioner and in accordance with law and all applicable Rules and Regulations, within a period of four (4) weeks from date of receipt of the field reports.
9. With this, this Writ Petition is allowed. No costs. 12.06.2024 Index : Yes / No Speaking Order/Non-Speaking order sl To The District Collector and District Magistrate Theeran Chinnamalai Maligai, 1st Floor, Perundurai Road, Erode Collectorate, Erode - 638 011 4/4