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2025 Supreme(Online)(Ker) 57770

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
ADARSH KURUVILA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 18133 OF 2024



Advocates:
For the Appellants/Petitioners: SMT.SHIBI.K.P., SRI.C.K.SUNIL, SMT.VIDYA K.G.
For the Respondents: Not provided

A petitioner retains the right to challenge a decision through an alternative statutory remedy under the relevant Act.

Headnote:The petitioner challenges an order by the District Magistrate concerning the Arms Act, having an alternative remedy under Section 18. The Court directs the petitioner to file an appeal within three weeks, ensuring that the time spent prior will not count towards the limitation period. The case is disposed of accordingly.

JUDGMENT

The petitioner challenges Ext.P4 order passed by the District Magistrate, Kozhikode, dated 10.10.2023, against which the petitioner has an alternate, efficacious, statutory remedy under Section 18 of the Arms Act before the Land Revenue Commissioner. Without prejudice to the right of the petitioner to avail of the same and without prejudice to any of the contentions raised in the writ petition, the writ petition is disposed of, directing the petitioner to file an appeal, as stated above, before the appropriate authority, within three weeks from today. If an appeal is filed within three weeks, the Appellate Authority shall consider the same on its merits and pass orders after hearing the petitioner. The time spent between 11.04.2024 and this day shall be excluded for the purpose of computing the period of limitation.

The writ petition is disposed of as above.

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