High Court of KeralaWP(C)/35901/2015disposed of

Arakka Hamza v. The Commissioner

2015-11-27Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 WP(C).No. 35901 of 2015 (K) ---------------------------- PETITIONER:

------------------ ARAKKA HAMZA, S/O.IBRAHIM HAJI, KATTAYAD, VELLAMUNDA, MANANTHAVADY TALUK, WAYANAD DISTRICT.

BY ADV. SRI.M.C.JOHN RESPONDENTS:- ------------------------

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

2. THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE WAYANAD, PIN - 673 121.

3. THE DISTRICT SUPERINTENDENT OF POLICE WAYANAD DISTRICT, WAYANAD, PIN - 673 121.

BY GOVERNMENT PLEADER SRI. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35901 of 2015 (K) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 27.05.2011 SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF ACKNOWLEDGMENT ISSUEED BY THE SUB INSPECTOR OF POLICE, VELLAMUNDA ON 05.01.2012.

EXHIBIT P3 TRUE COPY OF PROCEEDINGS NO.M1/2011/13589/12/K.DIS. DATED 23.05.2012 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3(a) TRUE COPY OF CIRCULAR NO.76689/F1/09 DATED 14.09.2010 OF THE GOVERNMENT.

EXHIBIT P4 TRUE COPY OF APPEAL DATED 12.11.2013 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF CHALAN RECEIPT DATED 10.01.2014 ISSUED BY THE STATE BANK OF TRAVANCORE, MANANTHAVADY.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 15.04.2015 IN W.P(C) NO.10656/2015 OF THIS HON'BLE COURT.

EXHIBIT P7 TRUE PHOTOCOPY OF THE DECISION REPORTED IN 2015(1) KLT 41. EXHIBIT P8 TRUE PHOTOCOPY OF THE DECISION REPORTED IN 2015(3) KLT 780. EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS NO.LR(A)5-44458/2013 DATED 19.09.2015 OF THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

ncd

A. MUHAMED MUSTAQUE, J ------------------------------------------------------- W.P.(C).No. 35901 of 2015 ------------------------------------------------------ Dated this the 27th day of November, 2015

JUDGMENT

The petitioner applied for renewal of gun licence. This was rejected as per Ext.P3. Against rejection, the petitioner approached the Land Revenue Commissioner. The Land Revenue Commissioner remanded the matter back to the District Magistrate, Wayanad as per Ext.P9.

2. Now, the matter is pending before the District Magistrate, Wayanad for free enquiry and decision.

3. In the light of facts and circumstances, there shall be a direction to the 2nd respondent to consider and pass orders based on the remand order produced on Ext.P9 within a period of one month, necessarily, while taking

W.P.(C).No. 35901 of 2015 -2decision, the judgment of this Court produced as per Exts.P7 and P8 shall be adverted.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr