M.Louis Raj,S/O.Martin Lazarus v. The Principal Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.10755 of 2017 M.Louis Raj ... Petitioner -vs1. The Principal Secretary, Home Department, St.George Fort, Chennai.

2. The Principal Commissioner-cum- Revenue Administrative Commissioner, Chepauk, Chennai-5.

3. The District Revenue Officer, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to dispose of the appeal filed by the petitioner dated 03.09.2016 for renewal of gun license vide 35/1/UPT within a specific period and pass such further or other orders as this Honble Court.

For Petitioners : Mr.K.P.Narayana Kumar For Respondents : Mr.T.S.Mohamed Mohideen Addl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking a direction to the 1st respondent to dispose of the appeal filed by the petitioner dated 03.09.2016 for renewal of Gun License vide 35/1/UPT within a specific period.

2. Heard the learned counsel on either side.

3. The case of the petitioner is that the petitioner was issued a gun license in the year 1993 and the same was periodically renewed. When he applied for renewal of the same on its expiry, all of a sudden, the 2nd respondent refused to renew the same on the ground of his overage and of having no immediate threat to life. Aggrieved by the order of rejection, the petitioner has preferred an appeal before the 1st respondent on https://hcservices.ecourts.gov.in/hcservices/

03.09.2016 and the same has been kept pending without any progress. Aggrieved by the same, the petitioner is before this Court.

4. The learned Additional Government Pleader appearing for the respondents would submit that the 1st respondent is the competent appellate authority as per the new amendment of Arms Act and the appeal of the petitioner will be considered and suitable orders passed in a time bound manner.

5. In view of the above submission, this Court, without going into the merits of the matter, directs the 1st respondent to consider the appeal filed by the petitioner dated 03.09.2016 and pass necessary orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner. The petitioner is also at liberty to furnish a copy of the appeal petition dated 03.09.2016 along with a copy of this order to the appellate authority forthwith.

6. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To:

1. The Principal Secretary, Home Department, St.George Fort, Chennai.

2. The Principal Commissioner-cum- Revenue Administrative Commissioner, Chepauk, Chennai-5.

3. The District Revenue Officer, Madurai.

+1cc to M/S.K.P.Narayana Kumar, Advocate SR.No. 83466 +1cc to Special Government Pleader, SR.No. 83299 W.P(MD) No.10755 of 2017 23.10.2017 AR JM/SV MMS/SAR 2/31.10.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/