Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH
T. Jacob Armory, Rep.By Its Proprietor, Shamon P.Y. – Appellant
Versus
State Of Kerala, Represented By Its Secretary, Home Department – Respondent
| Table of Content |
|---|
| 1. petitioner's request to shift armory shop (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. validity and legality of ext.p14 rejection (Para 8 , 9) |
| 3. conditions and variations of armory license (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. order for petitioner to shift armory shop (Para 21) |
JUDGMENT :
N. NAGARESH, J.
M/s. T. Jacob Armory is the writ petitioner. The petitioner is a Proprietary concern having licence for Arms and Ammunition dealer. The petitioner seeks to quash Exts.P14 and P15 and to direct respondents 2 and 3 to allow the petitioner to shift his Armory Shop from the present address to the new address as sought for, since the existing Armory Shop is not sufficient to keep the arms and ammunition.
2. The petitioner states that the Firm is a licensed dealer since 1957. The management of the Proprietary concern changed in the year 2019 and Shamon P.Y. became the Proprietor of the Firm. The Home Department gave new dealer licence to M/s. T. Jacob Armory, as per Ext.P1 order dated 01.01.2021. The District Collector also issued licence to the petitioner as authorised Arms and Ammunition Dealer for the period up to 22.01.2026, as per Ext.P2.
3. While so, the Add
Conditions of an Arms license, including location, can be varied by the licensing authority as per Section 17 of the Arms Act; refusal based on inapplicable grounds is illegal.
Fulfillment of the criteria specified in the new rules is essential for the issuance of arms and ammunition dealership licenses.
Licensing authorities must provide a hearing before refusing licence renewal, aligning with principles of natural justice and constitutional guarantees.
Rule 17 of the Arms Rules, 2016 pertains to registration of licence outside licencing authority and change of address with existing licencing authority.4
Renewal of an arms licence can be denied based on public safety concerns and the applicant's criminal conviction, emphasizing the need for timely applications.
The Licensing Authority has discretion to grant or refuse an arms licence based on the applicant's demonstrated need and circumstances, which must be assessed appropriately.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
