Disposed

Anilkumar M.V v. the District Collector

Kerala HC23 Mar 2017WP(C)/40039/2016

Case brief

AI extract

What is this about?

The High Court directed the District Collector to consider the petitioner's application for renewal of a weapon license under the Arms Act within two months after providing an opportunity of hearing, while giving effect to relevant case law.

What did the court decide?

Direction to the first respondent to consider the petitioner's application for weapon license renewal within two months.

Anilkumar M.V Vs the District Collector — Constitutional and Fundamental Rights | 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 SHAJI P.CHALY

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THURSDAY, THE 23RD DAY OF MARCH 2017/2ND CHAITHRA, 1939

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WP(C).No. 40039 of 2016 (D)

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PETITIONER(S):

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ANILKUMAR M.V.

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S/O. VASUDEVAN NAIR, AGED 49 YEARS, ANUGRAHA, ENATHU, ENATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-691526.

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BY ADV. SRI.K.K.SETHUKUMAR

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT, PATHANAMTHITTA P.O., PIN-689645.

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2. THE DISTRICT POLICE CHIEF PATHANAMTHITTA DISTRICT, PATHANAMTHITTA P.O., PIN-689645.

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3. THE SUB-INSPECTOR OF POLICE ENATH POLICE STATION, ADOOR, PATHANAMTHITTA DISTRICT, ENATH P.O.-691526.

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BY GOVERNMENT PLEADER SRI.S.KANNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 40039 of 2016 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE PHOTOCOPY OF THE WEAPON LICENSE DATED 08-08-2015. EXHIBIT P2 TRUE PHOTOCOPY OF THE RECEIPT NO.B7-103018/16 DATED 28-10-2016. EXHIBIT P3 TRUE PHOTOCOPY OF THE CHELAN NO.171 DATED 28-10-2016. RESPONDENT(S)' EXHIBITS: NIL -----------------------

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

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W.P.(C) No.40039 of 2016

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Dated this the 23^rd day of March, 2017

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JUDGMENT

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The issue raised by the petitioner in this writ petition arises under the Arms Act, 1959. Petitioner is an Ex-serviceman, who retired from the BSF on 31.12.2008, after a long service of 22.5 years. While he was serving in the Anti Terrorist Squad in West Bengal, he was given weapon license for self protection. After his retirement from the service his weapon license has been transferred to Kerala. When the license expired on 17.12.2013, petitioner applied for renewal of the same before the first respondent, in accordance with the provisions of the Act, and the same was considered and renewed only for 9 months from 08.08.2015, from the date of expiry of Ext.P1. Anticipating expiry of the license on 17.12.2016 , petitioner has submitted an application for renewal, evident from Ext.P2 receipt and remitted fee, evident from Ext.P3 chalan. According to the petitioner, in spite of earnest efforts of the petitioner, no action is initiated for renewal of the license.

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W.P.(C) No.40039 of 2016

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Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the first respondent to take on board the application submitted by the petitioner, pertaining to Ext.P2 receipt and Ext.P3 chalan and consider the same, in accordance with law and attain finality within two months, after providing an opportunity of hearing to the petitioner.

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I also make it cleat that, the proposition of law laid down by this Court in this regard in its various judgments shall be taken into consideration by the first respondent, while considering the application submitted by the petitioner.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY, JUDGE

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dlk/23/3/

Anilkumar M.V v. the District Collector

Case brief

What is this about?

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Anilkumar M.V v. the District Collector

Case brief

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