D.Ponraja v. The Principal Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Ponraja ..

Appellant Vs.

1. The Principal Secretary to Government Home (POL-XIII) Department Secretariat, Chennai - 600 009.

2. The Commissioner of Police Tirunelveli City Police Tirunelveli - 627 007.

..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.26590 of 2019 dated 10.04.2023. For the Appellant : Mr.C.Ramkumar For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.C.Ramkumar, learned counsel for the appellant and Mr.P.Muthukumar, learned State Government Pleader assisted by Mr.T.K.Saravanan, learned Government Advocate for the respondents.

2. The appellant had applied for renewal of his gun licence. The said application was rejected. The appeal filed challenging the order rejecting the application of the appellant was also dismissed. The appellant thereafter filed W.P.No.26590 of 2019, challenging the order refusing renewal of gun licence. The learned Single Judge dismissed the petition. Aggrieved thereby, the present appeal.

3. Learned counsel for the appellant submits that the Rule nowhere bars the appellant from applying for renewal of gun licence after seventy years of age. The Rule has been misinterpreted by the learned Single Judge. According to the learned counsel, though in the application, it is mentioned that the gun licence is for

self-protection, in the appeal, he has mentioned that the appellant is a Member of the Rifle Club and for sports activities, he requires the gun.

4. It is not disputed that the appellant already has one gun licence with him and the same is valid up to the year 2026. The appellant is seeking renewal of another gun licence, issued in his favour.

5. We have gone through the application filed by the appellant. The application nowhere states that the appellant is a Member of the Rifle Club and wants the gun licence for his sports activities. On the contrary, the application for renewal is specific that the appellant goes for evening walk and there are wild animals and for his safety, he requires renewal of the gun licence. In the appeal, the appellant cannot be allowed to take somersault and contend otherwise. Moreover, the appellant already has one gun licence with him, which is valid up to 2026. For self protection, the same would

be sufficient. The reasons are also given by the authority to the effect that the area is sensitive and that communal and religious clashes are prevalent throughout the district.

6. In the light of that, we are not inclined to accept the contention of the appellant. Accordingly, the writ appeal stands dismissed. There will be no order as to costs (S.V.G., CJ.) (D.B.C., J.) 23.11.2023 Index : Yes/No drm

To

1. The Principal Secretary to Government Home (POL-XIII) Department Secretariat, Chennai - 600 009.

2. The Commissioner of Police Tirunelveli City Police Tirunelveli - 627 007.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 23.11.2023