Disposed

A.C.Soman v. State of Kerala

Kerala HC18 Jan 2022WP(C)/30084/2021

Case brief

AI extract

What is this about?

This is a writ petition by a licence holder challenging the rejection of his renewal application. The Court disposed of the petition by directing the Additional 4th Respondent to consider the pending appeal within one month and restraining respondents from forcing the petitioner to surrender his firearm pending the appeal's outcome.

What did the court decide?

Directed Additional 4th Respondent to decide appeal within one month; restrained respondents from forcing surrender of gun pending decision.

A.C.Soman Vs State of Kerala — Property and Title | 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 N.NAGARESH

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TUESDAY, THE 18TH DAY OF JANUARY 2022 / 28TH POUSHA, 1943
WP(C) NO. 30084 OF 2021

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PETITIONER:

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A.C.SOMAN
AGED 63 YEARS
ALAPATT VEEDU, VAZHIKULANGARA, NORTH PARAVUR P. O.,
ERNAKULAM - 683 513.

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BY ADVS.
K.P.SATHEESAN (SR.)
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
S.K.ADHITHYAN
SABU PULLAN
GOKUL D. SUDHAKARAN

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.

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2 THE DISTRICT COLLECTOR CIVIL STATION, ERNAKULAM - 682 030.

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3 THE ADDITIONAL DISTRICT MAGISTRATE COLLECTORATE, CIVIL STATION, ERNAKULAM - 682 030.

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ADDL R4 THE LAND REVENUE COMMISSIONER

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PUBLIC OFFICE, THIRUVANANTHAPURAM- 695 033

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IS IMPLEADER AS PER ORDER DATED 18.01.2022 IN I.A.NO.3 OF
2022

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SRI.SHAMEER P M, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 30084 OF 2021 2

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JUDGMENT

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Dated this the 18^th day of January, 2022

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The petitioner holds an Arms Licence. The petitioner submitted application for renewal of the same. The petitioner’s application was rejected as per Ext.P6 order of the District Collector.

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Aggrieved by Ext.P6 order, the petitioner has preferred an Appeal before the additional 4^th respondent. Ext.P7 is the Appeal Memorandum filed by the petitioner. The limited prayer of the petitioner at this stage is to direct the additional 4^th respondent to consider Ext.P7 Appeal within a time frame that may be stipulated by this Court and to direct the respondents not to force the petitioner to surrender the gun held by him, till a decision is taken on Ext.P7.

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The learned Government Pleader, on instructions, submits that as Ext.P7 is a statutory Appeal preferred by the

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WP(C) NO. 30084 OF 2021 3

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petitioner, it can be considered by the additional 4^th respondent.

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In the facts and circumstances of the case, the writ petition is disposed of directing the additional 4^th respondent to consider Ext.P7 Appeal filed by the petitioner against Ext.P6 order dated 12.12.2021 of the District Collector, Ernakulam. The additional 4^th respondent shall take a decision on Ext.P7 Appeal within a period of one month. Till a decision is taken on Ext.P7, the petitioner shall not be forced to surrender the gun possessed by him under the expired licence.

N.NAGARESH

JUDGE

hmh

WP(C) NO. 30084 OF 2021 4

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APPENDIX OF WP(C) 30084/2021

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE CIRCULAR NO.8592/F
1/2013/HOME DATED 06.05.2013 ISSUED BY
THE 1ST RESPONDENT.
Exhibit P2TRUE COPY OF THE ORDER
NO.K.DIS./78871/2012/M3 DATED 03.08.2013
ISSUED BY THE 2ND RESPONDENT.

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Exhibit P3TRUE COPY OF THE RENEWED LICENSE ISSUED
ON 30.12.2016.
Exhibit P4TRUE COPY OF THE APPLICATION FILED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED 01.11.2019.
Exhibit P5TRUE COPY OF THE CHALAN RECEIPT DATED
05.11.2021.
Exhibit P6TRUE COPY OF THE ORDER NO.DC
EKM/10637/2019-M3 DATED 12.12.2021
ISSUED BY THE 2ND RESPONDENT.
Exhibit P7TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER BEFORE THE ADDITIONAL 4TH
RESPONDENT DATED 12/01/2022

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RESPONDENT’S EXHIBITS NIL

A.C.Soman v. State of Kerala

Case brief

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A.C.Soman v. State of Kerala

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