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Madras High CourtWP/42905/2016disposed of

G.Gunasekaran v. The District Collector,

2016-12-08Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.12.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.42905 of 2016 G.Gunasekaran .. Petitioner

Versus

1.The District Collector, Salem District, Salem.

2.The Superintendent of Police, Salem District, Salem.

3.The District Revenue Officer, Salem, Salem District.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider and pass orders on merits by disposing the petitioner's application dated 28.06.2016 applied for issuance of DBBL Gun License to the petitioner pursuant to the communication in his proceedings O.Mu.No.16980/2016/C4, dated 11.07.2016 on the file of the 1st respondent. For Petitioner : Mr.C.Prakasam For Respondent : Mr.A.Kumar Spl.Govt.Pleader.

O R D E R

By consent, the Writ Petition is taken up for disposal at the stage of admission itself.

2. This Writ Petition has been filed to issue a Writ of Mandamus directing the first respondent to consider and pass orders on merits by disposing the petitioner's application dated 28.06.2016 applied for issuance of DBBL Gun License to the petitioner pursuant to the communication in his proceedings O.Mu.No.16980/2016/C4, dated 11.07.2016 on the file of the 1st respondent.

3. According to the petitioner, the agricultural lands situated in S.Nos.606/7, 626/6, 629/4 and 714/2 at Ramanacikenpalayam Village, Attur Taluk, Salem District belongs to him. Whenever, he used to take the agricultural crops for selling in nearby town area by crossing forest area, which is https://hcservices.ecourts.gov.in/hcservices/

situated 1⁄2 km away from the agricultural lands. He could not able to cultivate the crops in a peaceful manner, since he is endangering by the forest jungles. In this connection, he applied for armed license and made request to issue DBBL (Double Band Boro License) gun license for agricultural safety purpose and for his life. Therefore, he made an application dated 28.06.2016 to the 1st respondent and in turn the first respondent sent communication on 11.07.2016 to the second respondent and directed to submit their report. But the first respondent did not pass any orders, till date. Hence, the petitioner filed the present writ petition.

4. Mr.A.Kumar, learned Special Government Pleader takes notice for the respondents and would submit that the request of the petitioner will be considered in accordance with law. 5.Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the respondent, to consider the application of the petitioner dated 28.06.2016 and pass appropriate orders, on merits and in accordance with law as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of the order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

6.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kkd To 1.The District Collector, Salem District, Salem.

2.The Superintendent of Police, Salem District, Salem.

3.The District Revenue Officer, Salem, Salem District.

+1cc to Mr.C. Prakasam, Advocate, S.R.No.72489 +1cc to the Government Pleader, S.R.No.72654 nm(CO) md(05/01/2017) W.P. No.42905 of 2016 https://hcservices.ecourts.gov.in/hcservices/