N.T.Mathew Wilson v. District Collector, Ernakulam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 WP(C).No. 6620 of 2015 (B) ------------------------------------- PETITIONER(S):

----------------------- N.T.MATHEW WILSON, NADUVIKUNNATH HOUSE, WATER FRONT ENCLAVE, KADAVANTHARA, KOCHI-20.

BY ADVS.SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.

2. THE COMMISSIONER OF POLICE, ERNAKULAM, KOCHI-682 031.

3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 6620 of 2015 (B) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE APPLICATION DATED 27.9.2012. EXHIBIT P2: TRUE COPY OF THE LETTER DATED 5.10.2012 FROM THE IST RESPONDENT.

EXHIBIT P3: TRUE COPY OF THE LETTER DATED 9.2.20165 FROM THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

P.R. RAMACHANDRA MENON, J.

.............................................................................. ......................................................................... Dated this the 3rd March, 2015

J U D G M E N T

The petitioner is the holder of gun licence bearing No.1253/KNR issued by the first respondent /District Collector . Petitioner is doing business in Carpets all over India. It is in connection with safety and security aspect, that the petitioner had applied for and obtained licence as aforesaid. Since the period of licence was to expire on 30.09.2012, necessary application for renewal was submitted prior to expiry, as contemplated under the relevant provisions of law. Despite many a request made by the petitioner, the proceedings were not finalised and as per Ext.P3 communication dated 09.02.2015 issued by the first respondent/District Collector, obtained by the petitioner under the Right to Information Act, it is informed that the matter is still pending and that a verification report from the police is still to be obtained . This made the petitioner to approach this Court by filing this writ petition.

2. Heard the learned Government Pleader as well.

3. After hearing both the sides, this Court finds that the application preferred by the petitioner way back in 2012 is still pending without any regard to the threat to life pointed out from his side. The manner in which such application has to be considered has been explained by this Court, as per the decision reported in 2015(1) KLT 41 (Chandran Nair vs. Addl. District Magistrate).

4. In the said circumstance, there will be a direction to the second respondent/Commissioner of Police to complete the verification and submit a verification report to the first respondent/District Collector within three weeks from the date of receipt of a copy of this judgment. On receipt of the report from the second respondent, the 1st respondent shall consider and finalise the application submitted by the petitioner in accordance with law after affording an opportunity of hearing to the petitioner and also in the light of the observations made by this Court in the decision cited supra, which shall be done at the earliest, at any rate, within two months from the date of receipt

of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent/District Collector for further steps. P.R.RAMACHANDRA MENON JUDGE lk