In contempt proceedings, the Court found no reason to proceed as the Additional District Magistrate substantially complied with the previous direction to consider the Arms Licence renewal application by advert to relevant precedent.
Contempt of Court Case closed.
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 N.NAGARESH
THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944
CON.CASE(C) NO. 1524 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 6688/2022 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
MANOJ KUMAR, AGED 48 YEARS
S/O. SANKARAN, ARIMBRATHODY HOUSE,
EDAPPATTA, VELLIYANCHERY,
PERINTHALMANNA, MALAPPURAM,
PIN – 679326
BY ADVS.
SAJI KURIACHAN
ROY P.KURIAKOSE
M.R.NANDAKUMAR
RESPONDENTS/1ST RESPONDENT IN THE WPC AND ADDL.DISTRICT
MAGISTRATE WHO PASSED THE ANNEXURE-B ORDER:
1V R PREMKUMAR IAS
THE DISTRICT MAGISTRATE, CIVIL STATION P.O.,
MALAPPURAM DISTRICT, PIN - 676505
2MEHARALI N M
THE ADDITIONAL DISTRICT MAGISTRATE,
CIVIL STATION P.O., MALAPPURAM DISTRICT,
PIN – 676505
SRI.ARAVIND V MATHEW GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
Con.Case(C) No.1524 of 2022
JUDGMENT
Dated this the 10th day of November, 2022
This Court by judgment dated 09.03.2022 in WP(C)
No.6688 of 2022 directed the 1st respondent-District Magistrate as follows;
In view of the submissions made as above, the writ petition is disposed of directing the 1st respondent to consider Ext.P1 application for renewal of Arms Licence of the petitioner and take a decision thereon, within a period of two months. The 1st respondent shall advert to Ext.P3 judgment of this Court in Chandran Nair C. v. Additional District Magistrate, Kasaragod and others [2015 (1) KHC 351] , while considering the merit of the application.
the writ petitioner, contends that in spite of the direction of this
Court to consider the application for renewal of Arms Licence of the petitioner in the light of the judgment delivered by this Court in Chandran Nair C. v. Additional District Magistrate, Kasaragod and others [2015 (1) KHC 351] , the Additional
3
Con.Case(C) No.1524 of 2022
District Magistrate has rejected the application as per order dated 30.09.2022.
application was against the law laid down by this Court in Chandran Nair C. (supra) . Therefore, there is a deliberate defiance of the orders passed by this Court, on the part of the Additional District Magistrate and he is liable to be proceeded against under the Contempt of Court Act, 1971.
4
Con.Case(C) No.1524 of 2022
has considered the judgment of this Court in Chandran Nair C.
(supra).
Additional District Magistrate has passed the order without following the dictum laid down by this Court in Chandran Nair
C. (supra). If the dictum of a judgment has not been understood by a person in a case of this nature, Contempt of Court Case is not the remedy available to the petitioner. There is nothing on record to indicate that the Additional District Magistrate, who has understood the spirit of the judgment of this Court in Chandran Nair C. (supra), has deliberately refused to follow the dictum in the case of the petitioner.
given by this Court in the judgment dated 09.03.2022 stands substantially complied with as the Additional District Magistrate has passed order dated 30.09.2022.
5
Con.Case(C) No.1524 of 2022
In the circumstances, this Court find no reason to proceed with the Contempt of Court Case. Accordingly, the Contempt of
Court Case is closed. This will be reserving the liberty of the petitioner to challenge the order now passed by the Additional District Magistrate, if the petitioner is so advised.
Sd/-
N.NAGARESH
JUDGE
spk
6
Con.Case(C) No.1524 of 2022
APPENDIX OF CON.CASE(C) 1524/2022
PETITIONER ANNEXURES
Annexure ACERTIFIED COPY OF THE JUDGMENT IN W.P.
(C) NO. 6688/2022 DATED 09.03.2022
Annexure BTRUE COPY OF THE ORDER OF REJECTION OF
THERENEWALAPPLICATIONDATED
22.06.2022
Annexure CTRUE COPY OF THE ORDER DATED 03.01.2017
IN CONTEMPT CASE (CIVIL) NO.2208/2016
RESPONDENT'S/S ANNEXURES : NIL
2 issues framed by the court
Whether the contempt proceedings against the Additional District Magistrate for disregarding the court's direction should proceed.
Whether the Additional District Magistrate substantially complied with the direction to consider the Petitioner's Arms Licence renewal application.
Colour shows how this judgement treated each authority
Chandran Nair C. v. Additional District Magistrate, Kasaragod and othersFollowed¶22
Chandran Nair C. v. Additional District Magistrate, Kasaragod and others [2015 (1) KHC 351]
MANOJ KUMAR
1V R PREMKUMAR IAS
MEHARALI N M
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court