Narayanan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.2714 of 2018 Narayanan ...

Petitioner Vs.

The Commissioner of Police, Tirunelveli, Tirunelveli District.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to Renew Arm licenses No.COP No.75/2007 - 2009 in favour of Petitioner by considering the explanation submitted by the petitioner dated 09.10.2017.

For Petitioner : Mr.N.Mohideen Basha For Respondent :Mrs.J.Padmavathi Devi, Special Government Pleader.

ORDER

This writ petition has been filed seeking direction to the respondent to renew arm licence No.COP No.75/2007 - 2009 in favour of the petitioner by considering the explanation submitted by the petitioner dated 09.10.2017.

2.According to the petitioner, earlier, the petitioner obtained licence for possession of a pistol and it has been renewed periodically. However, based on some complaint, a case was pending against the petitioner in C.C.No.337 of 2013 on the file of the II Additional District and Sessions Court, Tirunelveli. In the said case, he was convicted. Subsequently, in an appeal filed by the petitioner in C.A.No.36 of 2016, the I Additional District and Sessions Court, Tirunelveli acquitted the petitioner, by judgment dated 08.12.2015.

3.The grievance of the petitioner is that during the pendency of the said criminal case, the licence granted to the petitioner for possession of a pistol, was not renewed by the respondent. After getting the order of acquittal, the petitioner has submitted a representation dated 09.10.2017 before the respondent seeking to renew the licence. Since no order has been passed, the present writ petition has been filed.

4.Considering the facts and circumstances of the case and considering the fact that the petitioner was already acquitted in the criminal case and the application of the petitioner dated 09.10.2017 is pending with the respondent, the respondent is directed to consider the application of the petitioner dated 09.10.2017 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

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5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To The Commissioner of Police, Tirunelveli, Tirunelveli District.

+One cc to Mr.N.Mohideen Basha, Advocate, SR.No.47741 +One cc to The Special Government Pleader, SR.No.48676 sms RL/4C/2P/JC/SAR1/21/2/2018 Writ Petition (MD) No.2714 of 2018 12.02.2018 https://hcservices.ecourts.gov.in/hcservices/