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Madras High CourtWP/29722/2023disposed of with direction

T.Babu Antony v. State Of Tamil Nadu

2025-10-27Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI T.Babu Antony .....

Petitioner Vs 1.State of Tamil Nadu Represented by Additional Chief Secretary Revenue Administration & Disaster Management Commissionerate Chepauk, Chennai-600 005.

2.The Collector and District Magistrate Kanyakumari District Nagercoil-629 001.

3.The Superintendent of Police Kanyakumari District Nagercoil-629 001.

.....

Respondents PRAYER: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records connected with the Order No.e/f/vz/va.ne.5(4) / 9510/2021 dated 22.02.2023 of the Additional Chief Secretary and Revenue Administration Commissioner, Chennai, 1st respondent herein, declare it as illegal, not maintainable and consequently quash the same.

For Petitioner : Mr.T.Balaji For R1 to R3 : Mr.M.Rajendiran Additional Government Pleader

O R D E R

This writ petition has been filed,challenging the impugned order dated 22.02.2023 passed by the 1st respondent.

2. The case of the petitioner is that the petitioner had obtained a DBBL gun license in the year 1995 for the purposes of 'self and crop protection'. Thereafter, he made an application for renewal of gun license in the year 2019 and the same was rejected by the 2nd respondent vide his order dated 03.02.2021. As against which, the petitioner preferred an appeal before the 1st respondent and the same was also rejected by the 1st respondent on the ground that a criminal case has been registered against the petitioner in Crime No.15 of 2014 for the offences under Sections 420, 465, 468, 471, 120(B) and 506(i) of IPC. Challenging th same, the present writ petition is filed with the above said prayer.

3. However, the learned counsel for the petitioner would submit that during the pendency of the writ petition, after completion of investigation, final report was filed in the said criminal case and the same was taken on file in C.C No.921 of 2023 on the file of the Judicial Magistrate No.I, Nagarcoil. Thereafter, the petitioner filed a discharge petition in M.P No.3585 of 2024

before the trial Court and the same was dismissed on 10.02.2025. As against which, the petitioner filed a revision petition before this Court in Crl.R.C (MD) No.318 of 2025 and the same was allowed on 23.04.2025. In view of the above, there is no legal impediment for the 2nd respondent to renew the application made by the petitioner and also 'no animal threat' is not considered a valid reason to deny the renewal of a gun license. Accordingly, he prayed to allow this writ petition.

4. Considering the facts and circumstances of the case and in view of the subsequent development, this Court is inclined to grant liberty to the petitioner to make a fresh renewal application in terms of the acquittal order passed by this Court in Crl.R.C (MD) No.318 of 2025 dated 23.04.2025. On receipt of such a renewal application, the 2nd respondent is directed to consider the same without reference to the previous impugned orders passed by him, and the 1st respondent, within a period of four weeks, thereafter.

5. With the above direction, this writ petition is disposed of. No costs. 27.10.2025 Index : Yes/No : Yes/No Speaking/non-speaking order uma

M.DHANDAPANI, J.

uma To 1.The Additional Chief Secretary Revenue Administration & Disaster Management Commissionerate Chepauk, Chennai-600 005.

2.The Collector and District Magistrate Kanyakumari District Nagercoil-629 001.

3.The Superintendent of Police Kanyakumari District Nagercoil-629 001.

27.10.2025