IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 10507 OF 2022 PETITIONER/S:
N.O. JOSE AGED 70 YEARS S/O. LATE OONNOONNY LUKOSE, NEDIYUZHATHIL, K.K. ROAD, ELAMKULAM, KOCHI - 682017. 16 201710144 KAVITHA SURENDRAN 07-09-1990 91.28 5 96.28 96 HINDU EZHAVA EZHAVAS, THIYYAS AND BILLAVAS BY ADVS.
TERRY V.JAMES LILIN LAL RESPONDENT/S:
1THE DISTRICT COLLECTOR DISTRICT COLLECTORATE, FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM - 682030.
2THE DISTRICT POLICE CHIEF DISTRICT POLICE OFFICE, SH 16, OPPOSITE POWER HOUSE, ALUVA - 683101.
3THE STATION HOUSE OFFICER KADAVANTHARA POLICE STATION, G.C.D.A. WAREHOUSING COMPLEX, 38/735, KADAVANTHARA, KOCHI - 682020.
4THE TAHSILDAR, KANAYANNUR TALUK, KANAYANNUR TALUK OFFICE, PARK AVENUE ROAD, MARINE DRIVE, ERNAKULAM - 682011.
OTHER PRESENT:
GP AMMINIKUTTY K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 29th day of July, 2022 The petitioner claims to be a member of Ernakulam Rifle Association since 1982. He has been holding licence for assessing a .32 Bore Pistol and .22 Bore Pistal for the past almost 40 years. As the validity of the licence was due to expire, the petitioner submitted an application for renewal and surrendered the arms before the third respondent. On receipt of the application, the first respondent has sought a report from the 4th respondent Tahsildar and after obtaining the report, the petitioner was heard by the first respondent and later his application rejected. The petitioner challenged that order before this Court and obtained Ext.P2 judgment directing the first respondent to consider the application for renewal of arms licence afresh in the light of the decision in C. Chandran Nair v. Additional District Magistrate reported in [2015(1) KLT 41]. The petitioner’s arms licence was renewed thereafter and as the licence was expiring again, the petitioner submitted an application for renewal in 13.12.2019, which stands rejected by Ext.P3. This time also rejecting the application based on the report of the District Police Chief that the petitioner has no requirement for arms licence, as there is no threat to his life or property.
2. Learned Counsel for the petitioner contended that, in the light of the findings in Ext.P2 judgment with reference to the decision in Chandran Nair (supra), the first respondent committed an illegality in rejecting the application holding that the petiitoner’s life or property is not under threat.
3. I heard the learned Government Pleader also.
Considering that, this Court had rendered Ext.P2 judgment finding the reason stated on the previous occasion for rejecting the petitioner’s application to be unsustainable, it is only appropriate that the present application is also considered in the light of the findings in Ext.P2 judgment. For that purpose, Ext.P3 order is set aside and the first respondent is directed to consider the application for renewal of licence afresh. While effecting such consideration, specific reference shall be made to the findings in Ext.P2 judgment. The application has been considered as directed above and orders passed within two months of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly.
Sd/-
V.G.ARUN JUDGE RK APPENDIX OF WP(C) 10507/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LICENSE OF THE PETITIONER BEARING NO. 776/KNR.
Exhibit P2 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 29589 OF
2016 DATED 06.09.2016.
Exhibit P3 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT BEARING NO. DCEKM/12661/
2019-M3 DATED 02.01.2022.
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