Disposed

N.K.Musthafa v. the District Magistrate

Kerala HC16 Nov 2022WP(C)/18813/2022

Case brief

AI extract

What is this about?

In this writ petition for delayed renewal of an arms licence, the court directed the District Magistrate to decide the renewal application within two months after receiving all necessary reports from police, revenue, and forest authorities.

What did the court decide?

Direction to the District Magistrate to pass orders on the renewal application within two months of receipt of the judgment copy.

N.K.Musthafa Vs the District Magistrate — Service and Employment | 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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WEDNESDAY, THE 16^TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA,

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1944

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WP(C) NO. 18813 OF 2022

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PETITIONER/S:

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N.K.MUSTHAFA AGED 55 YEARS S/O MOHAMMED, NECHIKKADAN HOUSE, TARISH P O, KARUVARAKUNDU, MALAPPURAM DISTRICT, PIN- 676 523. BY ADVS. P.SAMSUDIN LIRA A.B. MILAN RACHEL MATHEW

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RESPONDENT/S:

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1 THE DISTRICT MAGISTRATE MALAPPURAM, CIVIL STATION, MALAPPURAM DISTRICT, PIN- 676 505.

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2 THE DISTRICT POLICE CHIEF MALAPPURAM, DOWN HILL P. O., MALAPPURAM DISTRICT, PIN- 676 505.

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OTHER PRESENT:

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ADV. AMMINIKUTTY. K - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 18813 of 2022

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JUDGMENT

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Dated this the 16^th day of November, 2022

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The petitioner is holding an Arms licence for

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the past many years. The licence was being renewed from time to time. Before expiry of the extended period, the petitioner submitted application for renewal of licence. The 1^st respondent having delayed the passing of orders on the renewal application, this writ petition is filed.

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Learned counsel for the petitioner submitted that the petitioner is residing adjacent to a reserve forest and is under constant threat of attack by wild animals. There

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have been frequent instances of petitioner's

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crops being destroyed by wild boars and other

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animals. As such, possession of a gun is absolutely essential for personal protection and protection of the crops. It is submitted that the

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W.P.(C) No. 18813 of 2022

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delay in passing orders on the application for

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renewal is causing substantial prejudice to the petitioner.

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Learned Government Pleader submitted on instructions that the 1^st respondent has to call for reports from the police, revenue and forest authorities for the purpose of considering application seeking renewal of arms licence. In the petitioner's case, reports from some of the authorities are yet to be received. Once all the reports are received, a decision on the application will be taken without further delay.

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The application being one for renewal of an existing licence, it is only appropriate to take the decision at the earliest. The writ petition is hence disposed of directing the 1^st respondent to pass orders on the petitioner's application within two months of receipt of a copy of this judgment. While taking a decision on the

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W.P.(C) No. 18813 of 2022

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application, the 1^st respondent shall consider the relevant statutory provisions and advert to the decisions rendered by this court in Ganesh Prasad v. Board of Revenue (LR) [2005(2) KLT 645] and

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Chandran Nair C v. Additional District Magistrate, Kasaragod and others [2015 (1) KLT

41].

Sd/-

V.G.ARUN JUDGE

Scl/

W.P.(C) No. 18813 of 2022

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APPENDIX OF WP(C) 18813/2022

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 18-122018 IN WP (C) NO. 8627/2018 OF THIS HON'BLE COURT. Exhibit P2 TRUE COPY OF THE NOTICE DATED 13-052022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

N.K.Musthafa v. the District Magistrate

Case brief

What is this about?

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N.K.Musthafa v. the District Magistrate

Case brief

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