High Court of KeralaWP(C)/27769/2015disposed of

Rajan.A. v. Land Revenue Commissioner

2015-09-15Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 WP(C).No. 27769 of 2015 (U) ------------------------------------------- PETITIONER(S) :

------------------------- RAJAN.A, KANNIMARI, PATTANCHERRY, CHITTUR, PALAKKAD.

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

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

1. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM- 695 001.

2. THE DISTRICT COLLECTOR, PALAKKAD- 687 001.

3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 27769 of 2015 (U) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT P1: TRUE COPY OF THE APPLICATION DATED 12.09.2010 SUBMITTED BY THE PETITIONER FOR THE RENEWAL OF HIS ARMS LICENSE. EXHIBIT P2: TRUE COPY OF THE CIRCULAR DATED 14.09.2010 FROM THE 3RD RESPONDENT.

EXHIBIT P3: TRUE COPY OF THE ORDER DATED 11.07.2011 FROM THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P4: TRUE COPY OF THE COMMON JUDGMENT IN W.P.(C).NO.21209/2011 DATED 12.04.2013.

EXHIBIT P5: TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.9952/2011 DATED 19.12.2014.

EXHIBIT P6: TRUE COPY OF THE ORDER DATED 03.08.2015 FROM THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 27769 of 2015 ---------------------------------------- Dated this the 15th day of September, 2015

J U D G M E N T

The petitioner, as against rejection of renewal of arms licence, has approached this Court. This Court in W.P(C) No.21209 of 2011 directed the petitioner to file an appeal against the order. The judgment was rendered on 12.4.2013. The appeal was directed to be filed within thirty days.

2. The petitioner filed the appeal, which has been rejected as per Ext.P6. The reason for rejection is that the petitioner did not file appeal within the time granted by this Court.

3. This Court is of the view that the appellate authority is justified in rejecting the appeal for the reason that the petitioner did not file appeal within the time granted by this Court. Therefore, there is no infirmity with the above order. However, the petitioner is free to file a fresh application for issuance of arms licence. If such

WP(C).NO.27769 OF 2015 :-2-:

application is filed within two weeks from the date of receipt of a copy of this judgment, that application shall be considered by the second respondent within a period of two months in accordance with law. It is made clear that the application shall be considered untrammelled by any of the finding earlier made and also shall be strictly in accordance with the provisions of the Arms Act. This writ petition is disposed of as above.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/

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