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Madras High CourtWP(MD)/2154/2017disposed of

T.D.Watson v. The Principal Secretary/

2020-03-03Honourable Mr Justice P.D.Audikesavalu2 pages

W.P.(MD) No.2154 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P.(MD)No. 2154 of 2017 and W.M.P.(MD)No.1784 of 2017 T.D.Watson ... Petitioner Vs.

1.The Principal Secretary / Commissioner of Revenue Administration, Disaster Management and Mitigation Department, Ezhilagam, Chennai - 600 005.

2.The District Magistrate / District Collector, Nagercoil, Kanyakumari District.

... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified Mandamus, to call for the records relating to the impugned orders issued by the first respondent in RA.5(2)/52276/2016, dated 08.10.2016 and Second Respondent's order in Proc.No.Rc.C1/22736/2011, dated 10.08.2012 and to quash the same and consequently, direct the Respondents to grant non-prohibitory Gun license for sports purpose to the Petitioner.

For Petitioner :

Mr. F.Deepak For Respondents :

Mr. R.Murugan, Additional Government Pleader.

O R D E R

The Petitioner, who is a sport person made an application for Gun License before the Second Respondent for participating in Shooting Competitions, which was rejected by the Second Respondent by proceedings dated 10.08.2012. The Petitioner preferred appeal before the First Respondent against that order and it was found by the First Respondent that the documents produced by the Petitioner in the appeal related to events that were conducted after the Second Respondent had rejected the application of the Petitioner and could not be taken cognizance. Aggrieved by the order of the First Respondent, which had confirmed the order passed by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2154 of 2017 Second Respondent, the Petitioner has preferred this Writ Petition.

2.

There does not appear to be any infirmity in the reasons stated by the First Respondent in as much as the appeal, which is a continuation of the application, would have to be considered with reference to the requirements as on the date of disposal of the application. Viewed from that perspective, there does not appear to be any justification to interfere with the impugned order. However, this would not preclude the rights of the Petitioner to apply for fresh Gun License, if he is otherwise eligible and satisfy the conditions prescribed for the same. 3.

Accordingly, this Writ Petition is disposed with the aforesaid observations. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) das/sj To 1.The Principal Secretary / Commissioner of Revenue Administration, Disaster Management and Mitigation Department, Ezhilagam, Chennai - 600 005.

2.The District Magistrate / District Collector, Nagercoil, Kanyakumari District.

+1 CC to M/s.F.DEEPAK, Advocate ( SR-9943[F] dated 04/03/2020 ) W.P.(MD)No. 2154 of 2017 and W.M.P.(MD)No.1784 of 2017 Dated : 03.03.2020 SBS(CO) TR(12.03.2020)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2