L.Idhayavarman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.15147 of 2024 and WMP.No.26440 of 2024 L.Idhayavarman ... Petitioner Vs.

1. The District Collector, Chengalpattu District.

2. The Superintendent of Police, Chengalpattu District.

3. R.G.Kumar (R3 impleaded vide order dated 19.08.2024 in WMP.No.26440 of 2024 in W.P.no.15147/2024) ... Respondents Prayer: This Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the impugned order passed by the first respondent dated 19.01.2023 in K.Dis.38544/2019/M3 and quash the same and consequently, direct the first respondent to renew the Gun license of the petitioner bearing License No.1/2010/CGT forthwith. For Petitioner : Mr.N.L.Raja, SC For M/s.M.R.Jothimanian For Respondent : Mr.U.Bharanidharan, AGP R1 Mr.L.Baskaran, GA (Crl side) R2 Mr.N.Manoharan For M/s.A.Ilangovan (impleaded respondents)

ORDER

This petition has been filed seeking to quash the impugned order passed by the first respondent dated 19.01.2023 in K.Dis.38544/2019/M3 and consequently, direct the first respondent to renew the Gun license of the petitioner bearing License No.1/2010/CGT forthwith.

2. The 3rd respondent has been impleaded as 3rd respondent by this Court.

3. The petitioner has made representation on 25.03.2023 for renewal of gun licence as per the condition stipulated in Form-III which is mantatory to make an application for renewal of licence before expiry of three months and the same was rejected. Hence, the present writ petiton.

4. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that as against the impugned rejection order, there is an appeal remedy available before the Government in terms of Section 18 of Arms Act. Hence, this Court, without going into the merits of the case, may permit the petitioner to file appropriate petition before the Government under the Act.

5. The learned Government counsel has not raised any objection.

6. Heard the learned counsel on either side and perused the materials available on record.

7. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court without expressing any opinion on the merits of the case, grants liberty to the petitioner to file a petition before the Government for renewal of Gun under Section 18 of the Arms Act.

8. With the above directions, this Writ Petition is dismissed. No costs. 19.08.2024 rli To

1. The District Collector, Chengalpattu District.

2. The Superintendent of Police, Chengalpattu District.

M.DHANDAPANI,J.

Rli W.P.No.15147 of 2024 19.08.2024