High Court of KeralaWP(C)/14700/2012disposed of

Kuriakose Elias Paarel v. Additional District Magistrate

2015-01-23Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 14700 of 2012 (J) --------------------------------------- PETITIONER(S):

----------------------- KURIAKOSE ELIAS PAAREL, AGED 45 YEARS S/O.ALIAS.P.T, PAAREL HOUSE, R.S.ROAD IRINJALAKUDA, THRISSUR DISTRICT.

BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S):

-------------------------

1. ADDITIONAL DISTRICT MAGISTRATE THRISSUR, PIN-680 003.

2. TAHSILDAR TALUK OFFICE, MUKUNDAPURAM, IRINJALAKUDA THRISSUR, PIN-680 003.

3. DISTRICT COLLECTOR, THRISSUR, PIN-680 003.

4. SUPERINTENDENT OF POLICE THRISSUR DISTRICT, PIN-680 003.

BY GOVERNMENT PLEADER SRI.ABDUL JALEEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 14700 of 2012 (J) --------------------------------------- APPENDIX PETITIONER(S) EXHIBITS -------------------------------------- EXHIBIT P1TRUE COPY OF THE APPLICATION DATED 21.2.2007 FILED BY P.T.ALIAS BEFORE THE ADDITIONAL DISTRICT MAGISTRATE. EXHIBIT P2TRUE COPY OF THE APPLICATION FOR ARMS LICENSE FILED BY ALIAS DATED 27.6.2007.

EXHIBIT P3TRUE COPY OF THE COMMUNICATION NO.D-2(B)46642/03R ISSUED BY SUPERINTENDENT OF POLICE, THRISSUR TO THE DISTRICT COLLECTOR, THRISSUR DATED 26.7.2008.

EXHIBIT P3(A)- TRUE COPY OF THE COVERING LETTER DATED 19.10.2011 ISSUED BY DEPUTY SUPERINTENDENT OF POLICE (ADMINISTRATION) TO RAJAN.K.

EXHIBIT P4TRUE COPY OF THE CERTIFICATE ISSUED BY THE CHIEF EXECUTIVE OF THE FEDERATION OF MOTOR SUPORTS CLUBS OF INDIA DATED 9.9.2011.

EXHIBIT P5TRUE COPY OF THE LETTER DATED 11.6.2012 OF THE DISTRICT COLLECTOR, THRISSUR.

RESPONDENTS' EXHIBITS ------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 14700 of 2012 -------------------------------------------------- Dated this the 23rd day of January, 2015

J U D G M E N T

The grievance of the petitioner is that the Arms Licence No.490/MKP granted in the name of the petitioner's father for keeping a 25 Bore Pistol No.2505335, was not transferred in the name of the petitioner even after a lapse of five years though he has submitted an application for the same.

The learned senior Government Pleader submitted that though the petitioner was directed to produce certain documents in support of the request vide Ext.P5, the same have not been furnished.

The learned counsel for the petitioner, per contra, would submit that all those documents have been submitted.

As it is submitted by the learned Government Pleader that the respondents are ready to consider the

W.P.(C) No. 14700 of 2012 ..2..

issue if the required documents are made available by the petitioner, the writ petition is disposed of as under; (a)the petitioner is permitted to produce all the documents as per Ext.P5 before the authority concerned and other documents, which would support the claim of the petitioner within a period of two weeks; and (b)on production of the documents as above, Ext.P2 request shall be considered and appropriate orders shall be passed within a period of two months thereafter, after giving the petitioner an opportunity of personal hearing.

If the original of Ext.P2 is not with the respondents, it shall be open to the petitioner to produce a copy of Ext.P2 before the authority concerned along with other documents.

Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE bka/-