Jai Niranjan Kalathil.L v. The Principal Secretary To Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE L.Jai Niranjan Kalathil ... Petitioner Vs.
1.The Principal Secretary to Government of Tamil Nadu, Home (Police-13) Department, Secretariat, 19, Rajaji Salai, Fort St.George, Chennai, Tamil Nadu - 600009.
2.The Additional Chief Secretary to Government/ Assistant Commissioner - 6, Revenue and Disaster Management Department, 377M+H63, PWD Estate, Chepauk, Triplicane, Chennai, Tamil Nadu - 600005.
3.The District Collector/District Magistrate, District Collectorate Office, Dindigul District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to dispose the petitioner's appeal dated 30.11.2019, vide proceedings in Na.Ka.No.V.Ne.5(1)/8177/2021 dated 06.12.2021 filed against the order of the third respondent dated 31.10.2019 vide proceedings in Pa.Mu.No.28457/2019/C3, within a stipulated time period fixed by this Court.
For Petitioner : Mr.N.Dilipkumar For Respondents : Mr.T.Amjad Khan, Government Advocate.
ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction to the second respondent to dispose of the petitioner's appeal dated 30.11.2019 within a time frame to be fixed by this Court.
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2. The petitioner seeks for early disposal of his statutory appeal in this Writ Petition. The said statutory appeal has been filed as against the order of the third respondent dated 31.10.2019, rejecting the petitioner's application seeking for issuance of gun license. Admittedly, the appeal has been filed on 30.11.2019 and the said appeal has not been disposed of till date. According to the petitioner, the gun license is urgently required.
3. Heard Mr.N.Dilip Kumar, learned counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice for the respondents.
4. No prejudice would be caused to the respondents, if the petitioner's statutory appeal is disposed of expeditiously within a time frame to be fixed by this Court.
5. Mr.T.Amjad Khan, learned Government Advocate appearing for the respondents, on instructions, would submit that there are 400 appeals pending before the second respondent with regard to issuance of gun license and therefore, sufficient time may be granted for disposal of the petitioner's statutory appeal. The said statement is recorded.
6. For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's statutory appeal dated 30.11.2019, after affording a fair hearing to the petitioner and other necessary parties, whom the second respondent deems fit to enquire, within a period of five (5) months from the date of receipt of a copy of this order.
7. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Principal Secretary to Government of Tamil Nadu, Home (Police-13) Department, Secretariat, 19, Rajaji Salai, Fort St.George, Chennai, Tamil Nadu - 600009.
2.The Additional Chief Secretary to Government/ Assistant Commissioner - 6, Revenue and Disaster Management Department, 377M+H63, PWD Estate, Chepauk, Triplicane, Chennai, Tamil Nadu - 600005.
3.The District Collector/District Magistrate, District Collectorate Office, Dindigul District.
+1 CC to M/s.SPL GP ( SR-13490[F] dated 22/03/2022 ) +1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-13639[F] dated 22/03/2022 ) 21.03.2022 RK(30/03/2022) 3P 6C 3/3