Disposed

Thomas Tharian v. the District Magistrate

Kerala HC19 Sept 2022WP(C)/26080/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging inordinate delay in granting an additional arms licence. It directed the First Respondent to decide the pending application within two months of receiving the police verification report, ensuring compliance with relevant laws and precedents.

What did the court decide?

First Respondent directed to consider the application and pass appropriate orders within two months.

Thomas Tharian 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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MONDAY, THE 19^TH DAY OF SEPTEMBER 2022 / 28TH BHADRA, 1944 WP(C) NO. 26080 OF 2022

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PETITIONER/S:

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THOMAS THARIAN AGED 75 YEARS S/O.THARIAN CHERIAN, KEEZANJALI ESTATE, KALKOONTHAL, NEDUMKANDAM, IDUKKI DISTRICT, PIN - 685 553. BY ADVS. SAJI KURIACHAN ROY P.KURIAKOSE M.R.NANDAKUMAR

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RESPONDENT/S:

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1 THE DISTRICT MAGISTRATE COLLECTORATE, IDUKKI DISTRICT, PIN - 686 662. 2 THE ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, IDUKKI DISTRICT, PIN - 685 662. 3 THE SUPERINTENDENT OF POLICE IDUKKI - 685 601.

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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

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ON 19.09.2022, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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W.P.(C) No.26980 of 2022

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JUDGMENT

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Dated this the 19^th day of September, 2022

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The petitioner has submitted an application for an additional arms licence under Section 3(2) of the Arms Act. His grievance is regarding the inordinate delay on the part of the first respondent in passing orders on the application.

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Learned Government Pleader submitted, on instructions that, since the police verification report is received, the first respondent will be passing orders on the application within two months.

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Learned Counsel for the petitioner submitted that, while passing the order, the first respondent should take into account the relevant provisions and the decisions of this

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Court, including the decision at Ext.P7.

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Learned Government Pleader pointed out

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W.P.(C) No.26980 of 2022

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that unlike other licences, the petitioner's application being for additional arms licence, the considerations will be different.

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The writ petition is accordingly disposed of, directing the first respondent to take up Ext.P1 application for consideration and to pass appropriate orders thereon within two months. Needless to say that the order should be passed in accordance with the relevant provisions and after adverting to the binding precedents.

Sd/-

V.G.ARUN JUDGE

Scl/19.09.2022

W.P.(C) No.26980 of 2022

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APPENDIX OF WP(C) 26080/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE ADDITIONAL LICENCE APPLICATION DATED 05/03/2022 OF THE PETITIONER. Exhibit P2 TRUE COPY OF THE REPORT CALLED BY THE 1ST RESPONDENT FROM THE 3RD RESPONDENT DATED 12/04/2022. Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 24/11/2021 IN WP(C) NO.10378 OF 2020. Exhibit P4 TRUE COPY OF THE RENEWAL ORDER DATED 25/02/2022 OF THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE STAY EXTENSION ORDER DATED 09/06/2022 IN CRL.M.C.NO.2381/2022. Exhibit P6 TRUE COPY OF THE ORDER DATED 02/12/2021 IN CRL.M.C.NO.4472/2021. Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 28/05/2015 IN WP(C) NO.4603 OF 2014 REPORTED IN 2015 (3) KHC 831.

Thomas Tharian v. the District Magistrate

Case brief

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What did the court decide?

Thomas Tharian v. the District Magistrate

Case brief

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What did the court decide?

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