Madras High CourtWP(MD)/16076/2020disposed of

S.Kumaresan v. The District Collector

2020-11-20Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).Nos.13467 & 13469 of 2020 S.Kumaresan .. Petitioner Vs

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The District Revenue Officer and Additional District Magistrate,

3. The Superintendent of Police, Tirunelveli District, Tirunelveli.

4. The Tahsildar, Thisaiyanvilai Taluk, Thisaiyanvilai, Tirunelveli District.

5. The Inspector of Police, Uvari Police Station, Uvari, Tirunelveli District.

6. The District Forest Officer,

7. The Proprietor, Tamilnadu Armoury, Dealers in Arms and Ammunition, No.20 (Old NO.9), Flowers Street, Bora Complex, Shop No.14 and 15, 1st Floor, Saidapet, Chennai - 600 015.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents No.1 1/4

and 2 to renew the license bearing No.138/328/RPM for the period from 22.06.2017 to 22.06.2020 in pursuance of the petitioner's representation dated 17.05.2017 and subsequent renewal for the period from 01.01.2020 to 31.12.2023 based on the petitioner's second renewal application dated 05.11.2019 submitted to the respondents No.1 and 2 for possessing 12 Bore DBBL (Double Barrel Bridge Load) Gun forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.M.Rajarajan for R1 to R6 Additional Government Pleader

ORDER

(This writ petition is heard through video conference) This writ petition has been filed for a mandamus seeking for a direction to the respondents 1 and 2 to renew the gun license of the petitioner for the period from 22.06.2017 to 22.06.2020 and thereafter from 01.01.2020 to 31.12.2023, based on the petitioner's representation dated 05.11.2019.

2.Heard Mr.S.Palani Velayutham, learned counsel for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader, who accepts notice on behalf of the respondents No.1 to 6. 3.By consent of both parties, this writ petition is taken up for hearing at the admission stage itself.

4.It is the case of the petitioner that he is possessing 12 Bore DBBL (Double Barrel Bridge Load) Gun license, for more than three decades. According to him, he submitted an application on 17.05.2017, with the respondents 1 and 2, seeking for renewal of his gun license, for a further period from 22.06.2017 to 22.06.2020. According to him, despite the said application, the respondents have not considered the same. The petitioner has also submitted another application on 05.11.2019, for renewal of his gun license, from 01.01.2020 to 31.12.2023. It is the case of the petitioner that even the said application has not been considered by the respondents. It is the case of the petitioner that even though the first respondent had called for enquiry by his summon dated 08.10.2020 for the hearing on 12.10.2020, till date renewal has not been granted to the petitioner. In such circumstances, this writ petition has been filed.

5.The relief sought for in this writ petition is an innocuous relief. The petitioner seeks renewal of gun license. It is his case that he has been in possession of the gun license for more than three decades. Admittedly, the first respondent has called the petitioner for enquiry on 12.10.2020, by his summon dated 08.10.2020. The petitioner has also attended the said enquiry proceedings. However, till date, no final orders have been passed 2/4

in the application for renewal submitted by the petitioner. Since the petitioner has been possessing his gun license for almost three decades, his application, for renewal must be considered by the respondents on merits and in accordance with law expeditiously. 6.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's applications dated 17.05.2017 as well as 05.11.2019, seeking for renewal of his 12 Bore DBBL (Double Barrel Bridge Load) Gun license, for further period and pass final orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) TM 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.