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Madras High CourtWP/5014/2017disposed of

S.Selvam, v. The District Revenue Officer

2019-03-01Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.5014 of 2017 S.Selvam ... Petitioner Vs.

1.The District Revenue Officer, Office of The District Collector, Collectorate Buildings, Namakkal, Namakkal District.

2.The State of Tamil Nadu, Rep. by The Inspector of Police, Mallasamudram Police Station, Mallasamudram, Namakkal District.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st Respondent to renew the Gun Licence of the Petitioner without reference to the pendency of the FIR in Crime No.159 of 2015 on the file of the Inspector of Police, Mallasamudram Police Station, Namakkal District. For Petitioner : Mr.K.Selvaraj For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This Writ petition has been filed to direct the 1st Respondent to renew the Gun Licence of the Petitioner without reference to the pendency of the FIR in Crime No.159 of 2015 on the file of the Inspector of Police, Mallasamudram Police Station, Namakkal District.

2. The learned counsel for the petitioner would submit that the petitioner was granted gun licence on 18.07.2009 by the first respondent for a period of three years and thereafter it was renewed by the District Revenue Officer upto 2015. While

being so, on 23.10.2015 the petitioner submitted representation to the first respondent to renew the gun licence, but the first respondent has not renewed the same stating that the second respondent has not recommended his case on the reason that FIR in Crime No.159 of 2015 is pending against the petitioner. Hence, he has filed this petition.

3. The learned Additional Public Prosecutor would submit that the petitioner is involved in a criminal case in Crime No.159 of 2015 on the file of the Inspector of Police, Mallasamudram Police Station, Namakkal District, and the second respondent also completed enquiry and filed final report on 27.10.2015.

4. It is seen that the application for renewal of gun licence is pending with the first respondent. In this regard, the first respondent also issued summons and conducted enquiry. It is also seen that after filing final report, there is no further proceedings in the said case.

5. Considering the facts and circumstances of the case, the first respondent is directed to conduct enquiry on the application for renewal of gun licence of the petitioner and pass orders within a period of four weeks from the date of receipt of a copy of this Order, if not already passed orders in the said application.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar pds/Lok To 1.The District Revenue Officer, Office of The District Collector, Collectorate Buildings, Namakkal, Namakkal District.

2.The Inspector of Police, State of Tamil Nadu, Mallasamudram Police Station, Mallasamudram, Namakkal District.

3.The Additional Public Prosecutor, High Court of Madras.

W.P.No.5014 of 2017 mr[co] srg 6/5/2019