Disposed

Rahim N. v. the District Magistrate

Kerala HC16 Nov 2022WP(C)/18835/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the delay by the District Magistrate in deciding his application for a gun licence under the Arms Act. The court directed the respondent to consider all reports and pass a reasoned order within two months.

What did the court decide?

Directed the first respondent to consider reports from other authorities and pass a reasoned order under the Arms Act within two months.

Rahim N. 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. 18835 OF 2022

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PETITIONER/S:

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RAHIM N. AGED 43 YEARS S/O. UNNEEN, NECHIKKADAN HOUSE, MAMPUZHA, KARUVARAKUNDU P.O, MALAPPURAM DISTRICT, PIN 676 523.

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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. 18835 of 2022

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-2-

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JUDGMENT

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Dated this the 16^th day of November, 2022

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The petitioner has applied for gun licence

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under the Arms Act for the purpose of self protection and protection of his crops. The first respondent is yet to take a decision on the

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application. Hence, this writ petition.

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Learned Counsel for the petitioner

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submitted that there is imminent threat to his life and property, including crops, from wild animals, as the petitioner is residing adjacent to a reserved forest. Hence, the delay in taking

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a decision on the application is causing substantial prejudice and loss to the petitioner.

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Learned Government Pleader submitted

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that, after receipt of the application, the first

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respondent had called for reports from the Revenue, the police and the forest authorities.

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W.P.(C) No. 18835 of 2022

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The Tahsildar's report was received on 15.04.2021. Although the District Police Chief had submitted a report on 31.03.2021, the first respondent has asked for a re-verification report, which is yet to be received.

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Learned Counsel for the petitioner

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submitted that the recommendation in the Divisional Forest Officer's report, produced as

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Ext.P2, is in favour of granting the gun licence.

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request for fresh gun licence, the first

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respondent has to gather relevant inputs from other authorities. For this, a reasonable time should be granted.

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The writ petition is hence disposed of,

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directing the first respondent to consider the reports furnished by the other authorities and

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pass a reasoned order, adverting to the provisions of the Arms Act and Rules as well as

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W.P.(C) No. 18835 of 2022

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the precedents on the point. The order, as directed above, shall be issued within two months of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE

Scl/16.11.2022

W.P.(C) No. 18835 of 2022

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APPENDIX OF WP(C) 18835/2022

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION DATED 18.03.2020 FOR NEW ARMS LICENSE SUBMITTED BY THE PETITIONER. Exhibit P2 TRUE COPY OF THE LETTER DATED 23.03.2021 FORWARDED BY THE RANGE FOREST OFFICER TO THE DFO NILAMBUR.

Rahim N. v. the District Magistrate

Case brief

What is this about?

What did the court decide?

Rahim N. v. the District Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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