High Court of KeralaWP(C)/19859/2015allowed

Thomas N.A. v. The District Magistrate

2015-07-23Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 WP(C).No. 19859 of 2015 (F) --------------------------------------- PETITIONER(S):

----------------------- THOMAS N.A., AGED 50 YEARS, S/O.ABRAHAM, NJATTUMKALAYIL HOUSE, KADAYIRUPPU.P.O. KOLENCHERRY, ERNAKULAM-682 311.

BY ADVS.SRI.R.SANJITH SMT.C.S.SINDHU KRISHNAH RESPONDENT(S):

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

1. THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM. 682 030.

2. THE TAHASILDAR, KANAYANNUR, ERNAKULAM-682 011.

3. THE DISTRICT POLICE CHIEF, KOCHI CITY, ERNAKULAM-682 011.

4. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK CENTRAL SECRETARIAT, NEW DELHI-110 001.

R1-3 BY GOVERNMENT PLEADER SMT.C.K.SHERIN R4 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R4 BY ADV. SMT.SINDHUMOL.T.P., CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19859 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE ORDER DATED 25.10.2014 BEARING NO.M3/4426/2013/K.DIS.

P2TRUE COPY OF THE ORDER DATED 08.10.2012 BEARING NO.D.DIS/74359/2011/M3 OF THE 1ST RESPONDENT. P3TRUE COPY OF THE ORDER BEARING NO.LRA2-45831/2012 DATED 08.08.2014. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.19859 of 2015 - F ====================== Dated this the 23rd day of July, 2015

J U D G M E N T

The petitioner seeks consideration of an application for renewal of gun licence for self protection. A reading of the impugned order indicated that the only reason for rejection is that the petitioner is an aggressive person and there is a chance of misusing the weapon. The petitioner has been holding the licence from 1999 onwards. In any event, this Court finds that the same does not seem to be an objective satisfaction.

2. In such circumstances, if application for renewal is received in original, the same shall be considered, after calling for a report from the District Police Chief and after affording an opportunity of hearing to the petitioner. The consideration shall be in the light of the decisions reported in Ganesh Prasad v Board of Revenue (LR) [2005 (2) KLT 645] and Chandran Nair

W.P.(C) No.19859 of 2015 - F C. v. Additional District Magistrate, Kasaragod and others [2015 (1) KHC 351], at any rate within two months from the date of production of the certified copy of this judgment. The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.