Venkata Krishnan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 10.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Venkata Krishnan ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Secretary, Home Department, St. George Fort, Chennai-9.

2. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai 600 007.

3. The Joint Commissioner of Police, Chennai West Zone, Greater Chennai Police, Anna Nagar West Extension, Chennai 600 101.

... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Certiorarified Mandamus, Calling for the records pertaining to impugned order videRc.No.EIV(1)/ 192/55118/2024, dated 22.11.2024 passed by the second respondent

not considering the petitioner's request increase in Ammunition quantity to a maximum of 30,000 rounds of 32 and 22 NPB Pistol rounds combine per year and single purchase of up to 15,000 rounds .22 MPB pistol rounds of Arms License No.621/700/K4, UNI No. 315521004043752023, as being arbitrary, illegal, violative of the central notification rules and principles of natural justice as well as the provisions of theArms Act, 1959 and the Arms Rules, 2016 and quash the same, consequently directing the respondents to increase the Ammunition quantity 15000 Rounds of .32 NPB Pistol rounds of Arms License No.621/700/K4 to 30000 Rounds of .32 and .22 NPB Pistol rounds per year consequently extension of area validity (i.e.,) ALL INDIA along with an additional gun permit of .32 pistol as per the recommendation from the National Rifle Association of India, certificates dated 21.11.2024 and 03.12.2024 within a time frame fixed by this Court.

For Petitioner : Mr.D.Murugan For Respondents : Mr.V.Jeevagiridharan, Additional Govt. Pleader for R1 Mr.L.Baskaran, Govt. Adv. (Crl.Side) for R2 & R3.

ORDER

This writ petition is filed challenging the order passed by the second respondent dated 22.11.2024, rejecting the request of the petitioner to extend the area validity to All India along with increase in Ammunition quantity in the existing Arms License No.621/700/K4.

2. The petitioner sought for increase in the Ammunition quantity and also extension of area validity to his license mainly on the ground that he was declared as Aspiring Shooter. A reading of the impugned order makes it clear that the second respondent has not given any reason for rejecting the request made by the petitioner. The impugned order passed by the second respondent is a non speaking one, bereft of any reasoning for non consideration of petitioner's request. Since the conclusion made by the second respondent is not supported by any reason, the impugned order is not sustainable in the eye of law and the same is liable to be quashed.

3. In view of the above, the impugned order passed by the second respondent is quashed and consequently, the second respondent is directed to consider the request made by the petitioner afresh and pass a detailed final orders on its own merits, within a period of four weeks from the date of receipt of copy of this order.

4. With the above direction, this writ petition is allowed. There shall be no order as to costs.

10.01.2025 Index:Yes/No Internet:Yes/No mst To

1. The State of Tamil Nadu, Rep. by its Secretary, Home Department, St. George Fort, Chennai-9.

2. The Commissioner of Police, Greater Chennai Police,Vepery, Chennai 600 007.

3. The Joint Commissioner of Police, Chennai West Zone, Greater Chennai Police, Anna Nagar West Extension, Chennai 600 101.

S.SOUNTHAR, J.

mst 10.01.2025