Sivakumar v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.5042 of 2016 Sivakumar .. Petitioner Vs.

1.State Rep. by The District Collector, Dharmapuri District, Dharmapuri 2.The Additional District Magistrate cum District Revenue Officer Dharmapuri-5.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the respondents to consider the petitioner's application dated 16.06.2015 for issuance of gun license within the time framed by this Court.

For Petitioner : M/s.K.Gandhi Kumar.

For respondents: M/s.Dig Vijay Pandian, Additional Government Pleader

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 respondents to consider the petitioner's application dated 16.06.2015 for issuance of gun license.

3.The petitioner is carrying on Agricultural, Automobile and Hardware manufacture, Export and Import business, doing social services and also involved in political activities. The petitioner is a post graduate in Cooperative management. He was also holding the post of State Youth Joint Secretary of Tamilaga Valavurimai Katchi. The petitioner is having more than 10acres of land and cultivating the land for more than 16years. Since, the petitioner is living in remote forest area, the wild animals used to damage the groundnuts, sugarcane and other crops, cultivated in the petitioner's land

and as such the petitioner suffered huge loss and apprehending danger to him and his family members life and hence, the petitioner requires gun license.

4.The petitioner further states that apart from agricultural and business activities, he is doing social work and fighting for the social causes, the petitioner conducted and participated many agitations in and around Dharmapuri District and also fighting with the nearest village people against illegal mining and submits that he got life threat from all angles. Hence, the petitioner applied for Gun license by submitting application on 16.06.2015 along with his representation. The Additional District Magistrate cum District Revenue Officer sent a letter to the Tahsildar to conduct enquiry and submit his report, thereafter, the Village Administrative Officer made an enquiry on 15.10.2015 and submitted his report to the second respondent stating no objection for grant of gun license to the petitioner.

But, till date the application of the petitioner was not processed by the respondents, hence the petitioner before this Court. 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.In view of the above stated position, this Court directs the first respondent to consider the application of the petitioner dated 16.06.2015 for issuance of gun license within a period of eight weeks from the date of receipt of a copy of this order, after affording opportunity of personal hearing to the petitioner as well as to the necessary parties, if any. It is made clear, that this Court has not expressed any opinion on merits of the claim of the petitioner. 7.The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(VI) //True Copy// Sub Assistant Registrar tsh

To 1.The District Collector, Dharmapuri District, Dharmapuri 2.The Additional District Magistrate cum District Revenue Officer Dharmapuri-5.

+1cc to Mr.K. Gandhikumar, Advocate, S.R.No.10439 +1cc to the Government Pleader, S.R.No.10193 EV(CO) EU(01/03/2016) W.P.No.5042 of 2016.