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2023 Supreme(Online)(Ker) 58821

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MANU BOBBY – Appellant
Versus
DISTRICT MAGISTRATE & DISTRICT COLLECTOR – Respondent
WP(C) 5383/2023



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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 30TH DAY OF MAY 2023 / 9TH JYAISHTA, 1945 WP(C) NO. 5383 OF 2023 PETITIONER/S:

MANU BOBBY AGED 32 YEARS THANDASSERIL HOUSE, MEENKUNNAM P.O., AROOR, MUVATTUPUZHA, PIN - 686672 BY ADVS.

R.SANJITH C.S.SINDHU KRISHNAH SIDHI K. KUTTY RESPONDENT/S:

DISTRICT MAGISTRATE & DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 OTHER PRESENT:

SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.V.KUNHIKRISHNAN, J ------------------------------------ W.P.(C.) No. 5383 of 2023 --------------------------------------

th Dated this the 30 day of May, 2023

JUDGMENT

The above writ petition is filed with following prayers :

(i) “To issue a writ of mandamus or any other appropriate writs, orders or directions commanding respondent to consider the petitioners application for Arms License in light of Exhibit P1 order in accordance with law within a time frame to be fixed by this Honourable Court.

(ii) To grant any other and such other reliefs as this Honourable Court may deem fit and proper in the circumstances of the case.

(iii) To award cost of this proceedings to the petitioner to the petitioner.

(iv) It is also prayed that this Honourable Court may be pleased to dispense with the production of translation of vernacular documents in the above writ petition.” [SIC]

2. The petitioner approached respondent for Arms licence. The same was rejected by the original authority. The same was challenged by filing an appeal before the Land Revenue Commissioner. As per Ext.P1, the appellate authority remanded the matter to the respondent for reconsidering the application. The grievance of the petitioner is that the same is not considered.

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3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. After hearing both sides, I think this writ petition itself can be disposed of directing the respondent to pass appropriate orders in the light of Ext.P1 within a time frame.

Therefore, this writ petition is disposed of with the following directions :

1) The respondent is directed to consider and pass appropriate orders in the licence application of the petitioner in the light of Ext.P1 order as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment, after giving an opportunity of hearing to the petitioner.

2) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS APPENDIX OF WP(C) 5383/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 21/05/2022 BEARING NO.LR/6682/2021-LR(A2) ISSUED BY THE LEARNED ARMS APPELLATE AUTHORITY Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE KOTTAYAM DISTRICT RIFLE ASSOCIATION Exhibit P3 TRUE COPY OF MEMBERSHIP CARD OF THE ALAPPUZHA DISTRICT RIFLE ASSOCIATION Exhibit P4 TRUE COPY OF THE SHOOTERS ID ISSUED BY NATIONAL RIFLE ASSOCIATION OF INDIA Exhibit P5 TRUE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED TO THE PETITIONER AT KOLLAM DISTRICT RIFLE ASSOCIATION SHOOTING CHAMPIONSHIP DATED 13TH DECEMBER 2020 Exhibit P6 TRUE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED TO THE PETITIONER AT ERNAKULAM DISTRICT SHOOTING CHAMPIONSHIP

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2021 Exhibit P7 . TRUE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED TO THE PETITIONER AT ALAPPUZHA DISTRICT SHOOTING CHAMPIONSHIPS

2022 DATED 21TH AUGUST 2022 Exhibit P8 TRUE COPY OF THE HEARING NOTICE DATED

21/06/2022 BEARING NO. M3-4256/2020

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