Shajees Mathews v. The District Collector, Kannur

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 WP(C).No. 23710 of 2015 (K) ---------------------------- PETITIONER :

------------------------ SHAJEES MATHEWS,S/O.MATHEW, AGED 40 YEARS, VELLAPPANIYIL HOUSE, CHATHIRUR, KEEZPALLY, P.O.IRITTY, KANNUR DISTRICT.

BY ADVS.SRI.RAJU K.MATHEWS SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL) RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, KANNUR-670 002

2. THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR-670 002 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.23710/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE CERTIFICATE ISSUED BY THE MANAGING PARTNER OF DECCAN ENTERPRISES LTD. DATED 01/05/15.

P2 COPY OF THE SELECTION NOTICE DATED 04/05/2015 OF THE PETITIONER AS THE COLLECTION/HARVESTING TAKING DELIVERY AND TRANSPORTING OF COCO PODS FROM THE FARM FOR THE YEAR 2015-16 P3 COPY OF THE AGREEMENT EXECUTED BEFORE THE PETITIONER AND MANAGING DIRECTOR ON 15/5/2015.

P4 COPY OF THE SELECTION NOTICE FOR THE YEAR 2014-15 P5 COPY OF THE PANCHAYAT LICENSE ISSUED VALID UPTO 31/3/2015 FOR STOCKING COCO P6 COPY OF THE KVAT REGISTRATION GRANTED TO THE PETITIONER ON 26/9/2014.

P7 COPY OF THE ITR PAYMENT DETAILS FOR THE YEAR 2014-15 P8 COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN.

P9 COPY OF THE PROCEEDINGS/ORDER NO.D.DIS.41679/03/01 DATED 29/8/2002 OF THE A.D.M., KANNUR.

P10 COPY OF THE RELEVANT PORTION OF THE LICENSE RENEWED UPTO 29-8-2012.

P11 COPY OF THE REGISTRATION FEE RECEIPT ISSUED ON 7/8/2010 P12 COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE DISTRICT COLLECTOR.

P13 COPY OF THE HEARING NOTICE DATED 9/3/2015 P14 COPY OF THE PROCEEDINGS OF THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR P15 COPY OF THE JUDGMENT DATED 28/9/2013 IN C.C.NO.870/2010 OF THE J.F.C.M., MATTANNUR.

P16 COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 30/1/2014.

P17 COPY OF THE JUDGMENT DATED 28/5/2015 IN WP(C).NO.4603/2014. RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ sts P.A.TO JUDGE

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.23710 of 2015 - K ====================== Dated this the 5th day of August, 2015

J U D G M E N T

The petitioner is a citizen of India and holder of a DBBL gun under the Arms Licence number 19585. The licence was issued up to 29.08.2012. The petitioner approached the first respondent by filing Ext.P16 application for renewal of the licence in time, also remitting the requisite fee, but the same has not yet been considered so far. The prayer is to cause the same to be considered within a reasonable time.

2. In such circumstances, if Ext.P16 is received in original, the same shall be re-considered on the basis of Ext.P17, after calling for a report from the District Police Chief and after affording an opportunity of hearing to the petitioner. Ext.P14 is set aside. The consideration shall be in the light of the decisions reported in Ganesh Prasad v Board of Revenue (LR) [2005 (2)

W.P.(C) No.23710 of 2015 - K KLT 645] and Chandran Nair C. v. Additional District Magistrate, Kasaragod and others [2015 (1) KHC 351], and Ext.P17 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.