Disposed

Thomas Babu v. the District Collector

Kerala HC2 Aug 2017WP(C)/10160/2017

Case brief

AI extract

What is this about?

High Court Kerala in W.P.(C).No.10160 of 2017 disposed of a writ petition challenging an order declining renewal of an arms licence. The court held that an alternative remedy exists under Section 18 of the Arms Act, dismissing the petition without prejudice to the petitioner's right to appeal.

What did the court decide?

Writ petition disposed of without prejudice to the petitioner's right to file an appeal before the appellate authority under the Arms Act.

Thomas Babu Vs the District Collector — Public Procurement and Tenders | Kerala HC (2017)

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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 P.B.SURESH KUMAR

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WEDNESDAY, THE 2ND DAY OF AUGUST 2017/11TH SRAVANA, 1939

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WP(C).No. 10160 of 2017 (T)

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PETITIONER :

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---------THOMAS BABU

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S/O. K.T.PHILIP, ADVOCATE, COURT ROAD, MANJERI P.O., MALAPPURAM DISTRICT.

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BY ADV. SRI.K.RAKESH

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RESPONDENTS :

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-----------

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1. THE DISTRICT COLLECTOR MALAPPURAM - 676 505.

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2. THE ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, MALAPPURAM - 676 505.

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3. THE DISTRICT POLICE CHIEF

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MALAPPURAM - 676 505.

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4. THE SUB INSPECTOR OF POLICE MANJERI POLICE STATION, MALAPPURAM DISTRICT - 676 121.

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*ADDL.R5 IMPLEADED :

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5. THE LAND REVENUE COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM

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*IS SUO MOTU IMPLEADED AS ADDL. R5 IN THE WRIT PETITION, AS PER JUDGMENT

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BY GOVERNMENT PLEADER SRI.SANTHOSH PETER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10160 of 2017 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR RENEWAL OF LICENCE, DATED 22.12.2014 AND THE DOCUMENTS WITH CHALAN. EXHIBIT P2: TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT TO THE 3RD RESPONDENT DATED 01.1.2015. EXHIBIT P3: TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 23.3.2016. EXHIBIT P4: TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 30.11.2016. EXHIBIT P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 20.2.2017. EXHIBIT P6: COPY OF THE ORDER DT 14/4/2017 PASSED BY THE R1 AS NO.E1-67825/2014. RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

P.B.SURESH KUMAR, J.

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= = = = = = = = = = = = = = =

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W.P.(C).No.10160 of 2017-T.

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= = = = = = = = = = = = = = =

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Dated this the 2^nd day of August, 2017.

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J U D G M E N T

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The Land Revenue Commissioner, Government of Kerala, Thiruvananthapuram is impleaded suo motu as additional fifth respondent in the writ petition.

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Ext.P6, which is under challenge in the writ petition, is an order passed by the authorities under the Arms Act declining renewal of the arms licence issued to the petitioner. Orders in the nature of Ext.P6 are appealable before the Land Revenue Commissioner under Section 18 of the Arms Act. In the light of the said alternative remedy available to the petitioner, the writ petition is disposed of without prejudice to the right of the petitioner to file an appeal challenging Ext.P6 order before the appellate authority. Having regard to the peculiar facts and circumstances of the case, it is also directed that if the petitioner files an appeal challenging the impugned order before the

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WP.(C).No.10160/2017-T.

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appellate authority, within two weeks from the date of receipt of a copy of this judgment, the same shall be considered and

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disposed of by the appellate authority after affording the petitioner an opportunity of hearing.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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Kvs/-

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// true copy //

Thomas Babu v. the District Collector

Case brief

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Thomas Babu v. the District Collector

Case brief

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