C.Indulal v. District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WP(C).No. 38135 of 2015 (N) ---------------------------- PETITIONER :

---------------------- 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, REP. BY SECRETARY TO GOVERNMENT, HOME (F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

BY GOVERNMENT PLEADER SMT. C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 38135 of 2015 (N) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

A TRUE COPY OF THE CERTIFICATE DT 5-3-2011 ISSUED BY DHANALAKSHMI BANK, KOLLAM.

P2 :

A TRUE COPY OF THE LETTER DT 16-6-2008 ISSUED BY 1ST RESPONDENT TO THE 5TH RESPONDENT.

P3 :

A TRUE COPY OF THE LETTER DT 14-7-2011 ISSUED BY 1ST RESPONDENT. P4 :

A TRUE COPY OF THE APPLICATION DT 27-11-2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

P5 :

A TRUE COPY OF THE ORDER NO.KDS 62750/13/A3 DT 24-5-2014 ISSUED BY THE ADDL. DISTRICT MAGISTRATE.

P6 :

A TRUE COPY OF THE JUDGMENT DT 17-3-2015 IN WPC.NO.8113/2015 OF THE HON'BLE HIGH COURT OF KERALA.

P6(A) : A TRUE COPY OF THE JUDGMENT DT 25-11-2015 INN WPC.NO.35583/2015 OF THE HON'BLE HIGH COURT OF KERALA.

P7 :

A TRUE COPY OF THE JUDGMENT DT 8-9-2015 IN WPC.NO.26939/2015 OF THE HON'BLE HIGH COURT OF KERALA.

P8 :

A TRUE COPY OF THE ORDER NO.KDIS. 49767/15/M3 DT 20-11-2015 OF THE ADDL. DISTRICT MAGISTRATE, KOLLAM.

RESPONDENT(S)' EXHIBITS:

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

A. MUHAMED MUSTAQUE, J.

-------------------------------------------------- W.P.(C) No. 38135 of 2015 -------------------------------------------------- Dated this the 16th day of December, 2015

J U D G M E N T

The petitioner is an ex-serviceman, who is working as a security personnel. The petitioner applied for renewal of his gun licence, which has been rejected as per Ext.P8 stating that there is no threat to his life.

2.

This Court, in a number of decisions, held that renewal of arms licence can be rejected only with reference to grounds enumerated under Section 14 of the Arms Act. In the view of the above, as there is no referable ground under Section 14 of the Arms Act, the impugned order is set aside. The 1st respondent is directed to renew the arms licence within a period of three weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bka/16.12.2015