William P K v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No.5373 of 2015 (V) ------------------------------------- PETITIONER:
------------------- WILLIAM P.K,AGED 63 YEARS,S/O.KUNJUIPE, PULIKKAPARAMBIL HOUSE,AMBALAVAYAL POST, SULTHAN BATHERY,WAYANAD DISTRICT.
BY ADV.SRI.A.V.JAMES RESPONDENT'S:
------------------------- 1.
THE STATE OF KERALA,REP: BY THE SECRETARY, HOME AFFAIRS,SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001.
2.
THE DISTRICT COLLECTOR,WAYANAD DISTRICT, CIVIL STATION,KALPETTA,WAYANAD DISTRICT,PIN-673122 3.
THE SUPERINTENDENT OF POLICE, WAYANAD DISTRICT,KALPETTA,WAYANAD DISTRICT, PIN-673121.
4.
THE SUB INSPECTOR OF POLICE, AMBALAVAYAL POLICE STATION, AMBALAVAYAL P.O., WAYANAD DISTRICT, PIN-673593.
R1-R4 BY GOVT. PLEADER SRI.MANOJ P.KUNJACHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
pk
WP(C).No.5373 of 2015 (V) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXHIBIT.P1:THE TRUE COPY OF THE CERTIFICATE OF SERVICE OF THE PETITIONER.
EXHIBIT P.2:THE TRUE COPY OF LICENSE NO.356/SBY DATED 5.1.2007 OF GUN NO.SBBL- 15569-92 OF THE PETITIONER.
EXHIBIT-P3:THE TRUE COPY OF THE LICENSE CANCELS ORDER OF THE 2ND RESPONDENT DATED 17.1.2014.
EXHIBIT P-4:THE TRUE COPY OF THE RECEIPT DATED 15.1.2014 ISSUED BY THE 4TH RESPONDENT TO THE PETITIOER.
RESPONDENT'S EXHIBITS:
NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.5373 of 2015- V ====================== Dated this the 29th day of May, 2015
J U D G M E N T
The petitioner is aggrieved by Ext.P3 order under the Arms Act, 1959 (for brevity, 'the Act'), refusing renewal of the licence for a gun. The same is appealable under Section 18 of the Act. Section 18(2) of the Act provides that the appeal has to be filed within the period prescribed and there is power to condone the delay caused as per the proviso to the aforesaid Section. Further it is to be noticed that, the above writ petition was filed on 18.02.2015 from an order dated 17.01.2015. Since, bonafide proceedings by way of this writ petition was pending before this Court from 18.02.2015 till date, the period in which the matter was pending before this Court till the certified copy of the judgment is not issued, shall not be considered for
W.P.(C) No.5373 of 2015- V determining the limitation; under Section 14 of the Limitation Act, 1963.
The writ petition is closed with the above observations, leaving liberty to the petitioner to approach the appellate authority.
Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.