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Madras High CourtWP(MD)/7639/2026disposed of

Rajaram S v. The Additional Chief Secretary Cum Commissioner Of Revenue Administration

2026-03-24Honourable Mr Justice D.Bharatha Chakravarthy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Rajaram ... Petitioner Vs.

1.The Additional Chief Secretary cum Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 05.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Superintendent of Police, Virudhunagar District.

4.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

5.The Inspector of Police, Thalavaipuram Police Station, Rajapalayam Taluk, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order in Na.Ka.No.Va.Ni.5(1)/20130/2025 dated Page No. 1 of 7

13.02.2026 by the first respondent arising out of Pa.Mu.C2-8/36/2025-C3 dated 31.07.2025 on the file of the second respondent, quash the same and direct the second respondent to renew the petitioner's license for SBBL gun bearing License No.04/2016 (Rajapalayam). For Petitioner : M/s.V.Janaki Devi For R1, R2 & R4 : Mr.M.Lingadurai Special Government Pleader For R3 & R5 : Mr.K.Gnanasekaran Government Advocate (Crl. Side)

O R D E R

This Writ Petition is filed challenging the impugned orders dated 13.02.2026 passed by the first respondent and dated 31.07.2025 passed by the second respondent.

2. The petitioner made an application for grant of a firearm licence, which came to be rejected by the order dated 31.07.2025. Aggrieved by the same, the petitioner preferred an appeal, which has been dismissed by the order dated 13.02.2026.

3. As contended by the learned counsel for the petitioner, it is seen that the appellate order is a non-speaking order and as such, is liable to be Page No. 2 of 7

interfered with. In the normal course, this Court would have set aside the order of the appellate authority and remanded the matter for reconsideration. However, even according to the petitioner, he has now crossed 70 years of age. In view of Rule 25 of the Arms Rules, 2016, more particularly Rule 25(1)(b), the licensing authority is empowered to grant the licence in favour of any one of the legal heirs nominated by the person holding the licence. This Court, while interpreting the said provision in W.P.(MD) No.6374 of 2026, by order dated 10.03.2026 [Neutral Citation : 2026:MHC:1180] has held as follows: "7.At the outset, among other reasons, primarily the Appellate authority rejected the application on the ground that the petitioner has crossed the age of 70 years. In this regard, the Rule 25(1) of the Arms Rule is extracted here under:

"25. Grant of licenses to legal heirs.

(1)The licensing authority may grant a license - (a)after the death of the licensee, to his legal heir; or (b)in any other case, on the licensee attaining the age of seventy years or on holding the firearm for twenty five years, whichever is earlier, to any legal heir nominated by him:Provided that notwithstanding the provisions contained in rule 12 of these rules, the licensing authority may grant a license to such legal heir if the eligibility conditions under the Act and these rules are fulfilled by the said legal heir and there are no adverse remarks in the [police report:] Page No. 3 of 7

[Substituted 'police report.' by Notification No. G.S.R. 108(E), dated 12.2.2020 (w.e.f. 15.7.2016).] [Provided further that while granting arms licence on inheritance or heirloom basis, the limit of two firearms shall not be exceeded.][Inserted by Notification No. G.S.R. 108(E), dated 12.2.2020 (w.e.f. 15.7.2016).] (2)Where a licensee leaves behind more than one legal heir and the legal heirs decide amongst themselves to retain the arm or arms of the deceased, one of the legal heirs nominated by all other legal heirs may apply for a license under sub-rule (1) along with the following documents, namely:- (i)a declaration of no-objection from the remaining legal heirs;

(ii)an indemnity bond executed by the applicant giving full details of the license and the arm or arms endorsed thereupon; and (iii)a copy of the death certificate of the deceased licensee.

(3)Where the legal heirs decide to dispose of the arm or arms endorsed on the license of the deceased licensee, they may apply to the licensing authority for grant of a limited period permission to sell the arm or arms, within the time allowed by such authority, to any licensed dealer or to any other person entitled to possess an arm under these rules. Explanation. - For the purposes of this rule, 'legal heir' [includes father, mother,] [Substituted 'includes' by Notification No. G.S.R. 108(E), dated 12.2.2020 (w.e.f. 15.7.2016).] husband, wife, son, daughter, son-in-law, daughter-in-law, brother, sister and grandchildren of the licensee or the deceased licensee.

8.On a reading of the rule as a whole, it can be seen that the licensing authority is granted the power to grant license to the legal heir after the death of the licensee and in any other case, on the licensee attaining Page No. 4 of 7

the age of 70 years or on holding the firearm for 25 years, whichever is earlier to any legal or nominated by him. In that view of the matter, it can be seen that attaining the age of 70 years is reckoned as a factor under the rules. Therefore, it cannot be said that the reasoning of the appellate authority is incorrect or illegal. In any event, the other reasons are also given in the appellate order also."

4. In view thereof, the prayer made in this Writ Petition cannot be countenanced. It is open to the petitioner to approach the competent authority for grant of licence for the said SBBL gun in the name of any one of his family members. Upon such application being made, the same shall be considered in accordance with law.

5. With the above observations and liberty granted, this Writ Petition stands disposed of. No costs.

24.03.2026 JEN To 1.The Additional Chief Secretary cum Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 05.

Page No. 5 of 7

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Superintendent of Police, Virudhunagar District.

4.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

5.The Inspector of Police, Thalavaipuram Police Station, Rajapalayam Taluk, Virudhunagar District.

Page No. 6 of 7

D.BHARATHA CHAKRAVARTHY , J.

JEN 24.03.2026 Page No. 7 of 7