High Court of KeralaWP(C)/26939/2015disposed of

C.Indulal v. District Collector

2015-09-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 WP(C).No. 26939 of 2015 (N) ---------------------------- PETITIONER(S):

-------------------------- C. INDULAL, AGED 50 YEARS, S/O.CHANDRASENON, SREE NILAYAM HOUSE, PUNNAKULAM P.O., K.S. PURAM, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT.

BY ADV. SRI.A.D.SHAJAN.

RESPONDENT(S):

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

1. DISTRICT COLLECTOR, KOLLAM -691 001.

2. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM- 695 033.

3. THE SUPERINTENDENT OF POLICE, KOLLAM -691 001.

4. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY, KOLLAM- 690 518.

5. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME (F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

BY SR. GOVT. PLEADER SMT.C.K. SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 26939 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 A TRUE COPY OF THE CERTIFICATE DATED 05/03/2011 ISSUED BY DHANALAKSHMI BANK, KOLLAM.

EXT.P2 A TRUE COPY OF THE LETTER DATED 16/06/2008 ISSUED BY 1ST RESPONDENT TO THE 5TH RESPONDENT.

EXT.P3 A TRUE COPY OF THE LETTER DATED 14/07/2011 ISSUED BY 1ST RESPONDENT.

EXT.P4 A TRUE COPY OF APPLICATION DATED 27/11/2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P5 A TRUE COPY OF THE ORDER NO. KDS 62750/13/A3 DATED 24/05/2014 ISSUED BY THE ADDL. DISTRICT MAGISTRATE.

EXT.P6 A TRUE COPY OF THE JUDGMENT DATED 17/03/2015 IN WP(C).NO. 8113/2015 OF THE HON'BLE HIGH COURT OF KERALA. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No.26939 of 2015 ================== Dated this the 8th day of September, 2015

J U D G M E N T

The petitioner aggrieved by the rejection of renewal of application for gun licence under the Arms Act has approached this Court. Ext.P5 is the order. In the impugned order nothing as contemplated u/s 14 of the Arms Act 1959 has been stated for rejection of the renewal application. This Court in Chandran Nair vs. Addl. District Magistrate [2015(1) KLT 41] held that application can be rejected only in accordance with Sec.14 of the Arms Act. 2.

In that view of the matter, the impugned order is set aside and the first respondent is directed to reconsider the matter in the light of the above judgment, after affording an opportunity of hearing to the petitioner, within one month from the date of receipt of the copy of this judgment.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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