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Madras High CourtWP(MD)/22485/2016disposed of

C.Ramachandran v. The Principal Secretary To

2017-03-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.22485 of 2016 C.Ramachandran ... Petitioner -vs1.

The Principal Secretary to the Government of Tamil Nadu, Fort St.George, Chennai-9.

2.

The Commissioner of Police, Madurai City, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 1st respondent to dispose of petitioners appeal challenging the 2nd respondent''s order vide C.No. VI/55/55807/2015 dated 18.08.2015 within a time limit as may be fixed by this Honble Court. For Petitioner : Mr.R.Venkateswaran For Respondents : Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader

O R D E R

This petition has been filed, seeking to direct the 1st respondent to dispose of petitioner's appeal, challenging the 2nd respondent's order vide C.No.VI/55/55807/2015 dated 18.08.2015.

2. This petitioner was initially granted Arms License for possessing four weapons by the Commissioner of Police, Madurai City and the gun lincense was suspended by order dated 18.08.2015, as there is a case in Silaiman Police Station Crime No.277 of 2013 pending against the petitioner. Admittedly, the petitioner surrendered the weapons to the Armory. Thereafter, he has preferred an appeal to the Government in terms of Section 18 of the Arms Act and the appeal is said to be pending. The petitioner has filed the present writ petition for a mandamus to the Government to dispose of his appeal expeditiously.

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3. Heard the learned counsel for the petitioner. On instructions, learned Additional Government Pleader appearing for

the respondents submitted that the appeal submitted by the petitioner is pending before the 1st respondent.

4. Learned counsel for the petitioner fairly submitted that the appeal should have been filed within 30 days as per the provisions of Arms Rules, but the appeal was preferred with a delay of 58 days and that the same has also been condoned by the Government. However, he has not produced any order showing that the delay has been condoned.

5. Be that as it may, the first respondent is directed to dispose of the appeal within a period of two months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1.

The Principal Secretary to the Government of Tamil Nadu, Fort St.George, Chennai-9.

2.

The Commissioner of Police, Madurai City, Madurai.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 12863 + 1 CC TO Mr.R.VENKATESWARAN, ADVOCATE IN SR No. 13055 AR TE/SV-MMS : 09/03/2017 : 2P/5C W.P.(MD) No.22485 of 2016 06.03.2017 https://hcservices.ecourts.gov.in/hcservices/