This court quashed the order refusing a license under Arms Act, 1959, passed without notice to the petitioner. The authority was directed to pass fresh orders after affording an opportunity of hearing within six weeks.
Impugned order quashed; fresh orders to be passed within six weeks after affording opportunity of hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941
WP(C).No.7429 OF 2019(C)
PETITIONER/S:
C.D.VARGHESE @ C.D.JOLLY AGED 63 YEARS S/O DEVASSY, CHITTILAPPILLY HOUSE, KATTOOR P.O.THRISSUR- 680 702.
BY ADVS. SRI.SAJI KURIACHAN SRI.M.R.NANDAKUMAR
RESPONDENT/S:
1 THE DISTRICT COLLECTOR THRISSUR 680 702.
2 ADDITIONAL DISTRICT MAGISTRATE, THRISSUR 680702.
R1 GOVERNMENT PLEADER SMT RASMI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.7429 of 2019
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W.P.(C)No.7429 of 2019
JUDGMENT
Ext.P4 is the order passed on an application preferred by the petitioner for licence under the Arms Act,1959. The case of the petitioner is that Ext.P4 order has been passed without notice to the petitioner.
In these circumstances, Ext.P4 order is quashed and the competent authority is directed to pass fresh orders on the application referred to in Ext.P4 in accordance with law, after affording the petitioner an opportunity of hearing. This shall be done within a period of six weeks from the date of receipt of a copy of this judgment.
Sd/-
P.B.SURESH KUMAR, JUDGEK
kkj
W.P.(C)No.7429 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 14.7.2015 FOR THE LAND REVENUE COMMISSIONER
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 23.7.2016 OF THE 2ND RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED 10.10.2018 OF THE PETITIONER
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 14.2.2019 OF THE 2ND RESPONDENT
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF THE REPORT NO.D2(b)61839/2018/R DATED 15.12.2018.
EXHIBIT R1(b) TRUE COPY OF THE CIRCULAR NO. 76689/F1/09/HOME DATED 14.09.2010.
3 issues framed by the court
Whether the order refusing license under Arms Act, 1959 was passed without affording the petitioner an opportunity of hearing?
Whether the impugned order dated 14.2.2019 passed without notice to the petitioner should be quashed?
Whether the competent authority is directed to pass fresh orders after affording an opportunity of hearing?
1 provisions across 1 enactments
C.D.Varghese @ C.D.Jolly
The District Collector Thirssur
Additional District Magistrate, Thirssur
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
