Ramadoss.R v. The District Collector Cum District Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P(MD)No.2291 of 2021 R.Ramadoss ... Petitioner Vs.

The District Collector cum District Magistrate, Dindigul District, Dindigul.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating with the order of the respondent made in Pa.Mu.No.38273/2018/C3, dated 22.12.2020 revoking the petitioner's SBBL Gun License 30/4/NKT and quash the same as it is arbitrary and illegal and in consequence to direct the respondent to renew the petitioner's SBBL Gun License 30/4/NKT for further period of three years.

For Petitioner : Mr.R.Suriyanaryanan For Respondent : Mrs.K.Christy Theboral, Additional Government Pleader 1/5

O R D E R

The Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to call for the records relating with the order of the respondent made in Pa.Mu.No.38273/2018/C3, dated 22.12.2020 revoking the petitioner's SBBL Gun License 30/4/NKT and quash the same as it is arbitrary and illegal and in consequence to direct the respondent to renew the petitioner's SBBL Gun License 30/4/NKT for further period of three years.

2. The main contention of the revision petitioner is that the respondent, without conducting any enquiry by taking note of the age of the petitioner, has rejected the requisition.

3. When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondent would submit that even in the impugned order, the respondent has observed that after conducting enquiry, the impugned order came to be passed. 2/5

4. On perusal of the records, it is seen that there is no material to show that an enquiry was conducted and on that basis, the respondent has come to a decision that the petitioner is not in a position to handle the gun.

5. Considering the submissions made by learned counsel on either side, the impugned order is hereby set aside and the matter is remitted back to the respondent. The respondent is directed to conduct proper enquiry and pass order in accordance with law within a period of four weeks from the date of receipt of copy of this order.

6. With the above direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 07.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das 3/5

To 1.The The District Collector cum District Magistrate, Dindigul District, Dindigul.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J das Order made in and W.M.P(MD)No.2291 of 2021 Dated : 07.03.2024 5/5