Disposed

Manu Mathews v. the District Magistrate and District Collector

Kerala HC12 Jan 2021WP(C)/23624/2020

Case brief

AI extract

What is this about?

This Writ Petition concerned the rejection of a gun licence application by the State. The Court directed the first respondent to fresh adjudication after affording the petitioner an opportunity of hearing.

What did the court decide?

Writ petition disposed of directing the 1st respondent to pass orders on the application after affording an opportunity of hearing to the petitioner within two months.

Manu Mathews Vs the District Magistrate and District Collector — Kerala HC (2021) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.23624 OF 2020(C)

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PETITIONER:

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MANU MATHEWS AGED 24 YEARS S/O.K.P.MATHEWS,KAVUNGA HOUSE, AYYAMPUZHA.P.O, ERNAKULAM-683581.

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BY ADVS. SRI.R.SANJITH SHRI.ROSHAN ANIL THOMAS SRI.B.R.ANEES SMT.C.S.SINDHU KRISHNAH SMT.P.S.ANJU

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RESPONDENTS:

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1 THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR CIVIL STATION,KAKKANAD,ERNAKULAM-682030.

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2 THE TAHSILDAR, CIVIL STATION,CIVIL STATION ROAD, ALUVA-683101.

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3 THE SUB INSPECTOR OF POLICE, AYYAMPUZHA POLICE STATION,KALADY CIRCLE,PERUMBAVOOR SUB-DIVISION, KERALA-683581.

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4 DIVISIONAL FOREST OFFICER, MALAYATTUR,FOREST OFFICE ROAD, KODANAD,PERUMBAVOOR,KERALA-683544.

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R1-4 BY GOVERNMENT PLEADER

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SMT.VINITHA.B, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.23624 OF 2020(C)

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JUDGMENT

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Dated this the 12th day of January 2021

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The complaint of the petitioner is that, even

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though, an application was submitted for licence to possess Double Barrel Breach Loading gun as early as on 13.06.2017, the 1^st respondent rejected the same. It is

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also stated that the petitioner's father was having gun licence and after the death of his father he has submitted an application for licence.

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The 3^rd respondent has filed a statement,

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explaining the incidents leading to the death of the petitioner's father, stating that it was on account of

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the negligent manner of use of the weapon. The 3^rd respondent has stated in paragraph 3 of the statement that the 1^st respondent rejected the licence application on the basis of the enquiry report of the Police officer.

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The learned counsel for the petitioner submits that the petitioner has not received any such order

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WP(C).No.23624 OF 2020(C)

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rejecting the application. It is also pointed out that

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the petitioner was not given an opportunity of hearing.

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Therefore, the Writ petition is disposed of directing the 1^st respondent to pass orders on Ext.P1 application after affording an opportunity of hearing to the petitioner in accordance with law within a period of two months from the date of receipt of a copy of the judgment.

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Sd/P.V.ASHA JUDGE

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WP(C).No.23624 OF 2020(C)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY 13.06.2017 1ST RESPON	OF THE PREFERR DENT.	APPLICATION FORM DATED ED BY PETITIONER TO THE
EXHIBIT P2	TRUE COP 17.06.2020 OF BRIGHT	Y OF ISSUED ASSET TR	THE CERTIFICATE DATED BY THE MANAGING DIRECTOR ANSIT PVT.LTD.
EXHIBIT P3	TRUE COPY ISSUED BY 2 TO 4.	OF THE THE 1ST	LETTER DATED 19.09.2017 RESPONDENT TO RESPONDENTS

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY//

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PA TO JUDGE

Manu Mathews v. the District Magistrate and District Collector

Case brief

What is this about?

What did the court decide?

Manu Mathews v. the District Magistrate and District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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