K.A.Joseph v. The District Collector, Kottayam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No.35415 of 2014 (B) ---------------------------------------- PETITIONER:

------------------- K.A.JOSEPH,KANDATHIL HOUSE, ANIKKADU P.O.,KOTTAYAM-686503.

BY ADV.SRI.G.BHAGAVAT SINGH RESPONDENTS:

------------------------ 1.

THE DISTRICT COLLECTOR, COLLECTORATE,KOTTAYAM-686002.

2.

THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE,KOTTAYAM-686002.

R1 & R2 BY SENIOR GOVT. PLEADER SRI.JOSEPH GOERGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.35415 of 2014 (B) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXT.P1:COPY OF THE CERTIFICATE DT.4-2-2012 ISSUED BY THE SECRETARY TO THE KOTTAYAM RIFLE ASSOCIATION TO THE PETITIONER. EXT.P2:COPY OF THE LICENSE BOOK ISSUED TO THE PETITIONER. EXT.P3:COPY OF THE APPLICATION FILED ON 11-12-14 BY THE PETITIONER BEFORE R2.

EXT.P4:COPY OF THE CERTIFICATE DT.23-12-2014 ISSUED BY THE SI OF POLICE, PALLIKKATHODU POLICE STATION.

EXT.P5:COPY OF THE CIRCULAR DT.7-4-2006 ISSUED BY THE ELECTION COMMISSION OF INDIA.

EXT.P6:COPY OF THE PROCEEDINGS OF THE DISTRICT ELECTION OFFICER DT.7-10-2010.

EXT.P7:COPY OF THE CIRCULAR DT.21-3-2014 ISSUED BY THE ELECTION COMMISSION OF INDIA.

RESPONDENT'S EXHIBITS:

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

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No.35415 OF 2014 ......................................................................... Dated this the 6th January, 2015

J U D G M E N T

The petitioner is possessing a gun licence bearing No.BL.1822/KTMT having permission to keep one IOF tested SBBL Gun No.190023 (Belgium make). It is stated that the said licence was issued as early as on 24.12.1990 and the petitioner was renewing the same regularly satisfying all the requirements in accordance with law . In view of expiry of the tenure of the licence, the petitioner submitted an application well within time to have it renewed. Ext. P3 is a copy of the application preferred before the competent authority and the petitioner has satisfied the requisite fees as well. Ext.P4 is the certificate issued by the concerned Station House Officer to the effect that the petitioner is not involved in any criminal case as per the Station records. Delay in considering the application compelled the petitioner to approach this Court.

2. Heard the learned Government Pleader as well, who submits that the application preferred by the petitioner has been received in the office of the second respondent/Addl.District Magistrate and that steps are being taken to consider and

W.P.(C)No.35415 OF 2014 dispose of Ext.P3 application. It is also pointed out that the proceedings can be finalised only after getting a proper report from the police and the revenue officials and that the proceedings will be finalised at the earliest, at any rate, within one month from the date of receipt of a copy of the judgment . In the above circumstance, the writ petition is disposed of directing the second respondent /Additional District Magistrate to consider and finalise Ext. P3 application for renewal of licence, passing appropriate orders at the earliest, at any rate, within one month from the date of receipt of a copy of the judgment . The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the second respondent/Addl. District Magistrate for further steps.

P.R.RAMACHANDRA MENON JUDGE lk