Allowed

Samson Thomas v. State of Kerala

Kerala HC5 Jun 2015WP(C)/14702/2014

Case brief

AI extract

What is this about?

The High Court set aside an order temporarily revoking the petitioner's armoury licenses pending fresh consideration by the respondent, as the petitioner had been acquitted in the criminal proceedings that led to the revocation. The petitioner must appear for a reconsideration to be conducted expeditively within three months.

What did the court decide?

The order temporarily revoking the petitioner's license to run armouries dated 30.05.2014 is set aside to facilitate reconsideration.

Samson Thomas Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937

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WP(C).No. 14702 of 2014 (K)

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PETITIONER(S):

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SAMSON THOMAS AGED 50 YEARS

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S/O.THOMAS, MATTAKKATTU HOUSE, PAZHAVANGADI P.O. RANNI, PATHANAMTHITTA-689673.

BY ADVS.SRI.T.B.HOOD

SMT.M.ISHA

RESPONDENT(S):

STATE OF KERALA

REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME (F)DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

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R BY GOVERNMENT PLEADER SRI BIJU MEENATTOOR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-062015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14702 of 2014 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 : TRUE COPY OF THE FINAL REPORT IN CRIME NO.670/2011 OF GANDHI NAGAR POLICE STATION.

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EXHIBIT P2 : TRUE COPY OF THE FINAL REPORT IN CRIME NO.690/2011 OF GANDHI NAGAR POLICE STATION.

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EXHIBIT P3 : TRUE COPY OF THE ORDER DT.8-10-2013 ISSUED BY THE RESPONDENT TEMPORARILY REVOKING THE LICENSES ISSUED TO THE PETITIONER TO RUN ARMOURIES.

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EXHIBIT P4 : TRUE COPY OF THE JUDGMENT DT.1-11-2013 IN WPC 25410/2013.

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EXHIBIT P5 : TRUE COPY OF THE ORDER DT.30-5-2014 ISSUED BY THE RESPONDENT TEMPORARILY REVOKING THE LICENSES ISSUED TO THE PETITIONER TO RUN ARMOURIES.

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EXHIBIT P6: TRUE COPY OF THE JUDGMENT DATED 27.4.2015 IN CALENDAR CASE NO. 1233/2012 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I ETTUMANOOR.

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RESPONDENT(S)' EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

jma

K. VINOD CHANDRAN, J

- - - - -- - - - - - - - - - - - - - - - W.P(C) No. 14702 of 2014

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Dated this the 05^th day of June, 2015

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J U D G M E N T

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The petitioner is aggrieved with Ext.P5 order passed on

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30.05.2014. The petitioner challenged the revocation of gun

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licence as such, but, at this point of time the criminal proceedings pending against him which had led to the revocation, having ended in aquittal; the petitioner seeks only a fresh consideration. Though the challenge was made to the merits of the order itself, it

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may not be relevant for consideration now, since the petitioner has been already acquitted by a judgment of the Judicial First Class Magistrate, Ettumanoor in Calendar Case 1233/2012, the judgment of which is produced at Ext.P6. In such circumstance, what is required to be done is only reconsideration of the issue. Ext.P5 hence would stand set aside only to facilitate such reconsideration.

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WPC.No.14702/2014

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: 2 :

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This Court has not gone into the merits of the case. The petitioner

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shall appear before the respondent on 22.06.2015 and the matter

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shall be considered expeditiously, if at all after obtaining necessary

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report from the concerned police officers at any rate, within a

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period of three months form the date of appearance.

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Writ petition is disposed of.

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Sd/-

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(K. VINOD CHANDRAN, JUDGE)

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jma

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//true copy//

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P.A to Judge

Samson Thomas v. State of Kerala

Case brief

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Samson Thomas v. State of Kerala

Case brief

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