M.Shafik Rahman, v. The Principal Secretary Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.4990 of 2016 M.Sharif Rahman .. Petitioner Vs.

The Principal Secretary cum Commissioner and Revenue Administration Ezhilagam, Chepauk, Chennai-5.

2.The Additional District Magistrate and District Revenue Officer, Ramanathapuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the first respondent herein to dispose of the petitioner's appeal dated 28.07.2015 within a time frame fixed by this Court. For Petitioner : M/s.M.Manikandhan For respondents : Mr.M.Dig Vijay Pandian, AGP.

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The petitioner has come up with the present writ petition for issuance of writ of mandamus to direct the first respondent herein to dispose of the petitioner's appeal dated 28.07.2015. 3.The case of the petitioner is that he is doing business and also engaged himself in agricultural activities. The petitioner's father is a Trustee and President of Jumma Mosque and also one more Trustee of Macbara (Charitable Trust) at Mandapam. The petitioner often carry cash for his business purpose and on 07.08.2014, he applied for Revolver arm license before the second respondent for his personal safety. The second respondent sent a communication to the Superintendent of Police, Ramanathapuram, but the Police Officer rejected the same in his order dated 07.01.2015 Na.Ka.No.G1/26807/465/2014.

4.The petitioner came to understand that the Superintendent of Police forwarded a report, stating that there is no antecedent against the petitioner and recommended to issue Revolver arm licence. The second respondent passed an order dated 10.07.2015 in Pa.Mu.56982-2009(C3) to reject the application on the grounds that there is no effective reason. Aggrieved over the said order, the petitioner filed statutory appeal before the first respondent on 10.07.2015, by paying necessary fees for processing the appeal. On receipt of the said appeal petition, the first respondent sent a communication on 11.12.2015 in Na.Ka.No.Va.Ni.5(1)/32740/2015 Appeal No.

48/2015 stating that the hearing date for the appeal will be informed in due course, the appeal is pending for more than six months, but till date no communication has been received by the petitioner. Since, the petitioner having no other efficacious remedy approached this Court by way of present writ petition. 5.Heard the submissions of learned counsel appearing for the petitioner and the learned Additional Government Pleader who accepts notice on behalf of the respondents.

6.This Court, without going into the merits of the claim of the petitioner, directs the first respondent to consider and dispose of the petitioner's appeal dated 28.07.2015 in accordance with law preferably within a period of eight weeks from the date of receipt of a copy of this order. 7.The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar tsh To 1.The Principal Secretary cum Commissioner and Revenue Administration Ezhilagam, Chepauk, Chennai-5.

2.The Additional District Magistrate and District Revenue Officer, Ramanathapuram District.

+1 cc to the Government pleader sr.8792 +1 cc to Mr.M.Manikandhan Advocate sr.8472 W.P.No.4990 of 2016 ug(co) aa16/02/2016