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Madras High CourtWP/32500/2023disposed of

Raghu Ram Sharma v. The Additional Chief Secretary

2023-11-17Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.11.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Raghu Ram Sharma ... Petitioner Vs

1. The Additional Chief Secretary Home Department (Police - 13), Secretariat, Chennai -9.

2. The District Collector, District Collectorate Tiruvallur, Tiruvallur District -631203.

3. The Superintendent of Police Tiruvallur District Tiruvallur - 631203.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus in pursuance of the Respondent No.2 District Collector Tiruvallur recommendation Letter dated 07.12.2021 in reference Rc.No.21969/2019/M5 addressed to the Respondent No.1 directing to grant existing valid Gun License No.02/2018/TVR held by the Petitioner be extended and applicable for the ADR validity for the whole of India, consequently, direct the Respondent No.1 to grant an order and direction to this effect to the Competent Licensing Authority.

Pg.No.1/4

For Petitioner : Dr.S.R.Sundaram For Respondents : Mr.J.C.Durairaj Additional Government Pleader

O R D E R

Mr.J.C.Durairaj, learned Additional Government Pleader accepts notice for the respondents and is armed with instructions to enable final disposal of this matter at this juncture. Thus, with the consent of both sides, this Writ Petition is disposed finally, even at the stage of admission.

2. The prayer of the petitioner is for a mandamus directing the Additional Chief Secretary to Government, Home (police13) Department/R1 to extend the validity of Gun License No.02/2018/TVR held by the petitioner as applicable for the entirety of India (ADR validity).

3. The petitioner had made a request in this regard on 17.08.2019 before R1. In this regard, the District Collector, Thiruvallur/R2 has sought a report from the Revenue Divisional Officer, Thiruvallur and Superintendent of Police, Thiruvallur/R3. Those reports were in favour of the grant of extension as prayed for by the petitioner.

4. Upon consideration of those reports, an enquiry has also been conducted with the petitioner and R2 has, under R.C.No.21969/2019/Ms dated 07.12.2021, addressed to R1 recommended that the state level area validity of Pg.No.2/4

Arms Licence may be issued to the petitioner extending the area validity for whole of India.

5. Pursuant thereto, the petitioner has reiterated his request before R1 on 22.07.2023, but has not received any favour of response from either of the respondents and hence this Writ Petition.

6. Mr.Durairaj, would accede to the position that an order should be passed on the request of the petitioner one way or the other, in accordance with law.

7. Hence, mandamus is issued to R1 to consider the request of the petitioner dated 17.08.2019 coupled with reminder dated 22.07.2023, hear the petitioner in this regard and pass suitable orders in accordance with law taking into account the recommendation of R2 dated 07.12.2021, within a period of six (6) weeks from date of receipt of a copy of this order.

8. This Writ Petition stands disposed as above. No costs. 17.11.2023 Index : Yes / No Speaking order sl Note: Registry is directed to issue a copy of this order on or before 20.11.2023 Pg.No.3/4

Dr.ANITA SUMANTH,J.

sl To

1. The Additional Chief Secretary Home Department (Police - 13), Secretariat, Chennai -9.

2. The District Collector, District Collectorate Tiruvallur, Tiruvallur District -631203.

3. The Superintendent of Police Tiruvallur District Tiruvallur - 631203.

17.11.2023 Pg.No.4/4