The High Court of Kerala directed the Land Revenue Commissioner to consider and pass orders on the petitioner's statutory appeal regarding an arms licence within six weeks, after affording him a hearing opportunity.
Direction to the Land Revenue Commissioner to pass orders on the pending appeal within six weeks after hearing the petitioner.
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
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 20838 OF 2021
PETITIONER/S:
THOMAS JOSE, AGED 45 YEARS, S/O. JOSE THOMAS, KALARICKAL, THODUPUZHA P.O., NEAR PRIVATE BUS STAND, THODUPUZHA, IDUKKI, KERALA - 685 584.
BY ADVS. R.V.SREEJITH G.MAHESWARY
RESPONDENTS:
1 LAND REVENUE COMMISSIONER, OFFICE OF THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM ROAD, OPPOSITE ZOO, VIKHAS BHAVAN P.O., THIRUVANANTHAPURAM , KERALA - 695 033.,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C)No.20838 of 2021
J U D G M E N T
Challenging Ext.P5 order rejecting an application
for arms licence, the petitioner preferred Ext.P7 appeal before the first respondent. The grievance of the petitioner in the writ petition concerns the delay on the part of the first respondent in disposing of Ext.P7 appeal.
Having regard to the facts and circumstances of the case, especially the orders passed by this court in similar and identical writ petitions and the fact that Ext.P7 appeal is statutory in nature, I deem it appropriate to dispose of the writ petition directing the first respondent to consider and
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pass orders on Ext.P7 appeal, if the same is otherwise in order, after affording the petitioner an opportunity of hearing, within six weeks. Ordered accordingly. The hearing ordered in terms of this judgment can be held through video conferencing as well.
Sd/- P.B.SURESH KUMAR, JUDGE
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APPENDIX OF WP(C) 20838/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PART C OF APPLICATION DATED 30.07.2014.
Exhibit P2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY STATION HOUSE OFFICER, THODUPUZHA TO THE IST RESPONDENT DATED 08.01.2020.
Exhibit P3 THE TRUE COPY OF COMMUNICATION DATED 13.01.2020 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE COMMUNICATION DATED 23.12.2019 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT. Exhibit P5 THE TRUE COPY OF THE ORDER NO. DCIDK/4020/2018/E2 ISSUED BY THE 3RD RESPONDENT ON BEHALF OF THE 2ND RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WPC NO. 1432 OF 2021 DATED 18.02.2021.
Exhibit P7 THE TRUE COPY OF THE MEMORANDUM OF APPEAL ALONG WITH DELAY CONDONATION PETITION BEFORE THE IST RESPONDENT ON 17.03.2021.
Exhibit P8 THE TRUE COPY OF THE RECEIPT ISSUED BY THE IST RESPONDENT'S OFFICE, EVIDENCING THE RECEIPT OF EXHIBIT P7.
2 issues framed by the court
Whether the writ petitioner is entitled to a direction to the Revenue Commissioner to dispose of his appeal within a specific timeframe.
Whether the delay in disposing of the statutory appeal justifies judicial intervention.
Thomas Jose
Land Revenue Commissioner
The District Collector
District Police Chief
The Additional District Magistrate
Deputy Police Superintendent, Thodupuzha
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
