High Court of KeralaWP(C)/30500/2015disposed of

Kurien Pothen v. State Of Kerala

2015-10-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 WP(C).No. 30500 of 2015 (J) ---------------------------- PETITIONER :

----------------------- KURIEN POTHEN, AGED 60 YEARS, S/O.T.K.POTHEN, THERADEIN HOUSE, HOUSE NO.VI/466 A, KOLLAMKUDIMUKAL, THRIKKAKARA, ERNAKULAM DISTRICT. BY ADVS.SRI.P.N.SUKUMARAN SRI.K.A.ANAS RESPONDENT(S):

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

1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM DIST-682 030.

3. DISTRICT POLICE CHIEF, KOCHI CITY, ERNAKULAM DIST-682 031.

4. LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM-695 001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 30500 of 2015 (J) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

TRUE COPY OF THE LETTER NO.D2 2009/62897/9 DATED 30/1/2011 ISSUED BY THE DIST COLLECTOR, PALAKKAD.

EXT.P2.

TRUE COPY OF THE ORDER NO.D.DIS/9942/11/M3 DATED 1/11/2014 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM.

EXT.P3.

TRUE COPY OF THE APPLICATION DATED 9/3/2015 FILED BY THE PETITIONER TO CONDONE THE DELAY BEFORE THE LAND REVENUE COMMISSIONER, TVM.

EXT.P4.

TRUE COPY OF THE ORDER DATED 20/7/2015 OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM.

RESPONDENT(S)' EXHIBITS:

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

A. MUHAMED MUSTAQUE, J ------------------------------------------------------ W.P.(C).No. 30500 of 2015 ------------------------------------------------------ Dated this the 08th day of October, 2015

JUDGMENT

The petitioner aggrieved by the rejection of renewal of arms licence has approached the Land Revenue Commissioner.

The Land Revenue Commissioner rejected the licence on account of delay in filing the appeal.

2. According to the learned counsel of the petitioner, the petitioner was not informed by the primary authority about rejection of renewal application within time and he has filed the appeal immediately after receipt of order from the primary authority.

3. Considering the facts and circumstances, the delay involved in the matter ought to have been condoned. Accordingly, Ext.P4 is set aside. There shall be a direction to the 4th respondent to consider the

W.P.(C).No. 30500 of 2015 -2appeal in accordance with merits within a period of two months after giving notice to the petitioner. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr