Dismissed

A.K.Mohammedali v. the District Magistrate

Kerala HC17 Nov 2022WP(C)/18876/2022

Case brief

AI extract

What is this about?

Petitioner sought writ intervention against inordinate delay by District Magistrate in renewing arms licence. Court directed respondent to pass orders within two months of receipt of judgment while considering relevant statutory provisions and court precedents.

What did the court decide?

Directed the 1st respondent to pass orders on the application within two months of receipt of the judgment.

A.K.Mohammedali Vs the District Magistrate — Pension and Retirement Benefits | 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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THURSDAY, THE 17^TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA,

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1944

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WP(C) NO. 18876 OF 2022

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PETITIONER/S:

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A.K.MOHAMMEDALI AGED 60 YEARS S/O. ABDULLA, ALAKKADAN HOUSE, TARISH P.O., KARUVARAKUNDU, NILAMBUR TALUK, MALAPPURAM DISTRICT 676 525. 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 676 505.

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

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OTHER PRESENT:

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GP P.S.APPU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 18876 of 2022

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-2-

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JUDGMENT

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Dated this the 17^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. As the renewal period was about to expire, the petitioner submitted fresh application for renewal of licence. The 1^st respondent having delayed consideration of 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 from wild animals.

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There have been frequent instances of petitioner's crops being destroyed by wild boars and other animals. As such, possession of a gun is absolutely essential for protecting the crops.

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The inordinate delay in passing orders on the

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W.P.(C) No. 18876 of 2022

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application for renewal is stated to be causing substantial prejudice to the petitioner.

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Learned Government Pleader submitted on instructions, that, before passing orders on the application for renewal, seek inputs from the

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police, revenue and forest authorities. In the petitioner's case, reports from some of the authorities are yet to be received. Once the reports are received, a decision on the application will be taken without further delay.

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In my opinion, the application being one for renewal of an existing licence, it is only appropriate to pass orders at the earliest.

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The writ petition is hence disposed of

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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 application, the 1^st respondent shall consider the relevant statutory provisions

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W.P.(C) No. 18876 of 2022

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and advert to the decisions rendered by this

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court in Ganesh Prasad v. Board of Revenue (LR) [2005(2) KLT 645] and Chandran Nair C v.

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Additional District Magistrate, Kasaragod and others [2015 (1) KLT 41].

Sd/-

V.G.ARUN JUDGE

Scl/

W.P.(C) No. 18876 of 2022

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-5-

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APPENDIX OF WP(C) 18876/2022

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PETITION	ER EXH	IBITS
Exhibit	P1	TRUE COPY OF IST RESPONDEN	THE T DA	PROCEEDINGS OF THE TED 25.07.2019.
Exhibit	P2	TRUE COPY OF ISSUED BY THE PETITIONER.	THE IST	RENEWED LICENSE RESPONDENT TO THE
Exhibit	P3	TRUE COPY OF 31.08.2021 IS SOUTH DIVISIO	THE SUED N.	ORDER DATED BY THE DFO NILAMBUR
Exhibit	P4	TRUE COPY OF 09.08.2021 FR RENEWAL OF LI	THE PAY CENS	CHALLAN RECEIPT DATED MENT OF FEE FOR E.

A.K.Mohammedali v. the District Magistrate

Case brief

What is this about?

What did the court decide?

A.K.Mohammedali v. the District Magistrate

Case brief

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