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2008 Supreme(Mad) 3625

ASOK KUMAR GANGULY, FAKKIR MOHAMED IBRAHIM KALIFULLA
The Commissioner of Police, Chennai – Appellant
Versus
V. P. Kalairajan – Respondent


Advocates Appeared:
For the Appellant : Raja Kalifulla, Govt. Pleader.
For the Respondent:R. Karuppan, Advocate.

Judgment :-

A.K. Ganguly, C.J.

1. This appeal by the Commissioner of Police, Chennai City impugning the judgment and

order dated 03.06.2008 passed by a learned Judge of the writ court came up for hearing before this Court on 13.08.2008. On that date, learned counsel for the appellant was present, but nobody appeared for the respondent. As such, the appeal was taken up for hearing. This Bench heard the matter and found that the order-dated 112. 2007, passed by the appellant, was challenged in the writ petition. By the said order, the appellant refused to grant arms licence to V.P.Kalairajan, the sole respondent inter alia on the ground that there are three criminal cases pending against him in various police stations in the City of Chennai. Against the said order of refusal to grant licence, there is a specific provision for filing an appeal under Section 18 of the Arms Act (hereinafter referred to as ‘the Act’). Without filing any appeal, the writ petition was entertained and this Bench held when a specific right is created under the statute namely, the right to get an arms licence, and in case of denial of such right, a special remedy under Section 18 has been provided under the sta










































































































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