Allowed

K.I.Joseph, v. the Commissioner(Land Revenue)

Kerala HC15 Feb 2019WP(C)/3424/2019

Case brief

AI extract

What is this about?

High Court of Kerala in a writ petition directed the District Collector to consider the petitioner's application for renewal of arms licence within one month, noting inordinate delay by the Forest Department in submitting the required report.

What did the court decide?

Direction to the 2nd respondent to take up the application for renewal of arms licence and pass orders within one month of receipt of the judgment.

K.I.Joseph, Vs the Commissioner(Land Revenue) — Service and Employment | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

FRIDAY ,THE 15TH DAY OF FEBRUARY 2019 / 26TH MAGHA, 1940

¶5

WP(C).No. 3424 of 2019

¶6

PETITIONER/S:

¶7

K.I.JOSEPH,

¶8

S/O.ISSAC, KALLAPPARA HOUSE, KARIYAMPADI, MEENANGADI, WAYANAD, PIN-673591.

¶9

BY ADV. SRI.M.C.JOHN

¶10

RESPONDENT/S:

¶11

1 THE COMMISSIONER(LAND REVENUE), PUBLIC OFFICE BUILDINGS, MUSEUM JUNCTION, THIRUVANANTHAPURAM, PIN-694033.

¶12

2 THE DISTRICT COLLECTOR, WAYANAD, PIN-673121.

¶13

3 THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD DIVISION, KALPETTA, WAYANAD, PIN-673121.

¶14

OTHER PRESENT:

¶15

SPL.GP SANDESH RAJA.K

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No. 3424 of 2019

¶18

¶19

JUDGMENT

¶20

The petitioner has approached this Court seeking

¶21

the following reliefs:

¶22

i. Issue a writ of mandamus directing the second respondent to pass orders on the petitioner's application for renewal of the gun license as directed in Exhibit P4 order of the first respondent and as directed in Exhibit P3 judgment of this Hon'ble Court with out any further delay.

¶23

ii. Issue a writ of mandamus directing the 3^rd respondent to furnish the report if any, called for by the second respondent, as stated in Exhibit P5 immediately.

¶24

iii. Considering the inordinate delay on the part of the second respondent and considering the findings of the first respondent on merits in Exhibit P4 order, and also considering the law laid down by this Hon'ble Court in the decision reported in 2015(1) KLT 14 and 2015(3) KLT 780, issue a declaration that the petitioner is entitled to get the renewal of his Exhibit P1 licence for the subsequent years.”

¶25

Heard the learned counsel for the petitioner

¶26

and the learned Government Pleader.

¶27

It is submitted by the learned counsel for

¶28

the petitioner that by Ext.P4 order, the appellate authority had set aside the order of the original authority refusing to renew Arms licence of the petitioner and had remanded the matter for fresh consideration by the original authority. It is stated that though Ext.P4 order is dated

¶29

WP(C).No. 3424 of 2019

¶30

¶31

30.3.2017, the fresh orders had not been passed by the original authority on the ground that the Divisional Forest Officer, Kalpetta has not forwarded the report.

¶32

It is submitted by the learned Special

¶33

Government Pleader that the report has already been forwarded and the issue can be considered by the 2^nd respondent without delay.

¶34

In the above view of the matter, there will be

¶35

a direction to the 2^nd respondent to take up the application preferred by the petitioner for renewal of arms licence as directed in Ext.P4 and pass orders on the same, taking note of the provisions of Section 14 and 15 of the Arms Act as also the findings in Ext.P4 order and the reports of the Police as well as the Forest officials. orders shall be passed within a period of one month from the date of receipt of a copy of this judgment.

¶36

The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

sab

WP(C).No. 3424 of 2019

¶42

¶43

APPENDIX

¶44

PETITIONER'S/S EXHIBITS:

¶45

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES GUN LICENSE NO.189/SBY DATED 15.07.1994 BY 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER NO.M12013/17580/12 DATED -/10/2015 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 31.01.2017 IN W.P.C.NO.3084/2017 OF THIS HON'BLE COURT. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.LR.A513105/16 DATED 30.03.2017 OF THE FIRST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REPLY DATED 07.03.2018 UNDER THE RIGHT TO INFORMATION ACT.

K.I.Joseph, v. the Commissioner(Land Revenue)

Case brief

What is this about?

What did the court decide?

K.I.Joseph, v. the Commissioner(Land Revenue)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V. Udayakumar, Vs State of Kera

Nithin Lukose, Vs Sub Inspector of Police

Mathew Michael, Vs Dhanlaxmi Bank

Thomas Kandanchery Vs State of Kerala

Jose.P.v., Vs the Divisional Forest Officer

Ravi Kulangara Vs the Secretary