Panneerselvam N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM

THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN W.P(MD)No.12155 of 2025 N.Panneerselvam ... Petitioner Vs.

1.The District Collector, Pudukottai, Pudukottai District.

2.The District Revenue Officer, Pudukottai, Pudukottai District.

... Respondents Prayer : This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to grant the renewal of the petitioner's gun licence vide Licence No.68/4 ALG by considering the judgment of acquittal in his favour made in S.C.No.177 of 2016, on the file of IV Additional Sessions Court, Chennai, dated 28.08.2023 and on the basis of the petitioner's representation dated 17.02.2025.

For Petitioner : Mr.J.Lawrance For R1 and R2 : Mr.S.Shaji Bino Special Government Pleader 1 / 4

ORDER

The petitioner states that he is a politician who was elected as the President of the Patchikotai Village. He had applied for and obtained armed license for a revolver from the first respondent on 30.12.2004. The petitioner filed an application for renewal in the year 2015. It was rejected on account of the fact that a criminal case was pending against him in Crime No.2791 of 2015. The petitioner states that the said criminal proceeding was taken on file as S.C.No.177 of 2016 on the file of the learned IV Additional Sessions Court at Chennai. The learned Trial Judge acquitted the petitioner of the charges on 28.08.2023. The petitioner filed an application for renewal enclosing the judgment of acquittal in S.C.No. 177 of 2016. As the same was not considered, he has come forward with the present writ petition.

2. Heard Mr.J.Lawrance, learned counsel for the petitioner and Mr.A.Kannan, learned Additional Government Pleader representing Mr.S.Shaji Bino, learned Special Government Pleader states that the first respondent has called for a report from the police authorities in terms of Section 13(2A) of the Arms Act, 1959. He states that once the report is received, appropriate orders will be passed on the renewal application. 2 / 4

3. I have carefully considered the submissions of both sides and I have gone through the records.

4. The report of the police officers is not a condition precedent in terms of proviso appended to Section 13(2A) of the Arms Act. The said proviso which states that after the prescribed period has expired, the license authority namely the District Collector can pass orders without waiting for a report from the police officers.

5. That being the position, the first respondent is directed to dispose of the statutory application filed by the petitioner for renewal of license at the earliest. In case, the report of the police officers are not received, the first respondent shall invoke the proviso of Section 13(2A) and pass appropriate orders.

6. This writ petition is disposed of. No costs. 28.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 3 / 4

V. LAKSHMINARAYANAN, J.

pnn To 1.The District Collector, Pudukottai, Pudukottai District.

2.The District Revenue Officer, Pudukottai, Pudukottai District.

W.P(MD)No.12155 of 2025 28.04.2025 4 / 4