Joseph Thomas v. District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39853 of 2015 (F) ------------------------------------------ PETITIONER(S) :

-------------------------- JOSEPH THOMAS, SON OF THOMAS, KIZHAKKE VALIYAVEETIL HOUSE, KUNNUMMA VILLAGE, PULINKUNNU P.O, PIN-688 504, ALAPPUZHA DISTRICT.

BY ADVS.SRI.T.P.SAJAN SRI.M.MOHAMED NAVAZ SRI.P.SANTHOSH KUMAR (TR) RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, ALAPPUZHA,OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, COLLECTORATE.P.O, PIN-688 001.

2. THE SUPERINTENDENT OF POLICE, O/O.THE SUPERINTENDENT OF POLICE, ALAPPUZHA, COLLECTORATE.P.O, PIN-688 001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 39853 of 2015 (F) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXT. P1:

TRUE COPY OF THE LICENSE ISSUED BY THE DISTRICT MAGISTRATE RAJURI BEARING NO. K BEARING NO. 1193/R90501/04 DATED 09/01/2008.

EXT. P2:

TRUE COPY OF PROCEEDINGS OF THE FIRST RESPONDENT DATED 06/07/2012.

EXT. P3:

TRUE COPY OF PROCEEDINGS NO.K.DIS 55757/13/N4 DATED 08/10/2014 ISSUED BY THE FIRST RESPONDENT. EXT. P4:

TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.35989/2015 DATED 27/11/2015.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.39853/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd Day of December, 2015

J U D G M E N T

The petitioner applied for renewal of arms licence, which was rejected as per the proceedings of the District Magistrate produced as Exhibit P3.

2.

It is stated in Exhibit P3 order that the rejection is on account of the fact that there is no threat to the life and property of the petitioner. It is further referred that in the light of the circular dated 14/09/2010 issued by the Home Department, arms licence shall be issued only if there is threat to life or property.

3.

The petitioner retired as a military personnel. 4.

This Court in several judgements has held that the arms licence can be rejected only on the grounds referred to under Section 14

W.P.(C).No.39853/2015 -:2:- of the Arms Act. The reasons stated in the impugned order are not referable to Section 14 of the Arms Act. In that view of the matter, the impugned order is set aside. Accordingly, there shall be a direction to the first respondent to renew the arms licence to the petitioner with the period of three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms