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M. P. Varghese @ George Mundackal v. State of Kerala

Kerala HC26 Jul 2022WP(C)/16559/2022

Case brief

AI extract

What is this about?

The High Court set aside an order rejecting a petitioner's application to renew a gun licence for failing to consider legal provisions and precedents. The Collector was directed to reconsider the matter within two months under Section 15 of the Arms Act and relevant wildlife sections.

What did the court decide?

The impugned Ext.P10 order was set aside; the 3rd respondent was directed to reconsider the licence application within two months.

M. P. Varghese @ George Mundackal Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 26TH DAY OF JULY 2022 / 4TH SRAVANA, 1944

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WP(C) NO. 16559 OF 2022

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PETITIONER/S:

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M. P. VARGHESE @ GEORGE MUNDACKAL
AGED 70 YEARS
S/O. POULOSE, MUNDACKAL HOUSE, KALLUVAYAL P. O., SULTAN
BATHERY, WYANAD DISTRICT - 673592.
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (G) DEPARTMENT, THIRUVANANTHAPURAM - 695001.

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2 THE LAND REVENUE COMMISSIONER OFFICE OF THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE, PALAYAM, THIRUVANANTHAPURAM - 695 033.

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3 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE OFFICE OF THE DISTRICT COLLECTOR, WYANAD - 673 121.

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4 THE TAHSILDAR TALUK OFFICE, SULTAN BATHERY, WYANAD - 673 592.

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5 THE DISTRICT SUPERINTENDENT OF POLICE WYANAD - 673121.

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6 THE STATION HOUSE OFFICER SULTAN BATHERY POLICE STATION, WYANAD - 673 592.

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OTHER PRESENT:

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GP AMMINIKUTTY K

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 16559 OF 2022

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JUDGMENT

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Dated this the 26th day of July, 2022

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The petitioner submitted an application for renewal of his gun licence. The application was rejected by Ext.P3. Aggrieved, the petitioner preferred an appeal before the Land Revenue Commissioner which culminated in Ext.P9 order setting aside Ext.P3 and directing reconsideration. Thereafter, the original authority issued Ext.P10, which is under challenge in this writ petition.

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Learned counsel for the petitioner submits that, inspite of the appellate authority having set aside the earlier order and remanded the matter with specific directions, the impugned order has been passed, without considering the legal provisions or the precedents on the point.

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Learned Government Pleader points out that, in Ext.P9 order, the Land Revenue Commissioner has mentioned about the violation of Section 34 (1) and (2) of the Wild Life (Protection) Act, 1972 . Therefore, if the original authority is being directed to reconsider the matter, Section 34 should also be adverted to.

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Having gone through Ext.P10, I find prima facie merit in the contention that the order was rendered without considering the legal provisions and precedents. Therefore, Ext.P10 order is set aside. The 3^rd respondent is directed to reconsider the petitioner's application for renewal of licence with specific reference to Section 15 of the Arms Act

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WP(C) NO. 16559 OF 2022

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and the decisions in Ganesh Prasad V Board of revenue reported in [2005(2) KLT 645], C.P.Raman Nair V Additional District Magistrate, Kozhikode and Others reported in [AIR 1968 65] and Chandran Nair V Additional District Magistrate, Kasargode reported in [2015(1) KHC 351] . The alleged violation of Section 34 (1) and (2) of the Wild Life (Protection) Act should also be adverted to, while effecting the reconsideration. The decision, as directed above, shall be taken within two months of receipt of a copy of this judgment.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 16559 OF 2022

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APPENDIX OF WP(C) 16559/2022

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`PETITIONER EXHIBITS` `Exhibit P1`	`TRUE COPY OF THE NOTIFICATION PUBLISHED IN` `THE KERALA GAZETTE DATED 3.7.1984.`
`Exhibit P2`	`TRUE COPY OF THE JUDGEMENT DATED 7.3.2014 IN` `W.P.(C) 4728/2014 OF THIS HONOURABLE COURT.`
`Exhibit P3`	`TRUE COPY OF THE ORDER NO. M1 18383/2012` `DATED 6.11.2014 OF THE 3RD RESPONDENT.`
`Exhibit P4`	`TRUE COPY OF THE ORDER NO.M1/2014/36340/12` `DATED 1.12.2017 OF THE 3RD RESPONDENT.`
`Exhibit P5`	`TRUE COPY OF THE REPRESENTATION DATED` `29.1.2019 SUBMITTED BY THE PETITIONER BEFORE` `THE DEPUTY COMMISSIONER, REVENUE DEPARTMENT .`
`Exhibit P6`	`TRUE COPY OF THE PROCEEDINGS NO.REV-` `G2/83/2019-REV DATED 17.4.2019 ISSUED BY THE` `1ST RESPONDENT.`
`Exhibit P7`	`TRUE COPY OF THE PROCEEDINGS` `NO.LR(A5)15706/2019 DATED 30.5.2019 OF THE` `2ND RESPONDENT.`
`Exhibit P8`	`TRUE COPY OF THE JUDGEMENT DATED 5.1.2021 IN` `W.P.(C) 5/2021 OF THIS HONOURABLE COURT.`
`Exhibit P9`	`TRUE COPY OF THE PROCEEDINGS` `NO.LRA5/1725/2021 DATED 11.10.2021 OF THE 2ND` `RESPONDENT.`
`Exhibit P10`	`TRUE COPY OF THE ORDER NO. DCWYD/8600/2021-M1` `DATED 27.4.2022 OF THE 3RD RESPONDENT.`
`Exhibit P11`	`TRUE COPY OF THE JUDGEMENT DATED 27.1.2017 IN` `W.P.(C) 41161/2016 OF THIS HONOURABLE COURT.`
`Exhibit P12`	`TRUE COPY OF THE JUDGEMENT DATED 23.6.2015 IN` `W.P.(C) 17840/2015 OF THIS HONOURABLE COURT.`
`RESPONDENT ANNEXURES`
`ANNEXURE R3(a)`	`True copy of the letter no W7/1112/2015` `issued to the petitioner`
`ANNEXURE R3(a)`	`True copy of the letter no W7/1112/2015` `issued to the petitioner`
`ANNEXURE R3(a)`	`True copy of the letter no W7/1112/2015` `issued to the petitioner`

M. P. Varghese @ George Mundackal v. State of Kerala

Case brief

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M. P. Varghese @ George Mundackal v. State of Kerala

Case brief

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