Petitioner sought renewal of his arms licence citing threats from wild animals and delay in processing. The Court directed the District Magistrate to pass orders within two months of receiving a copy of this judgment.
District Magistrate directed to pass orders on the petitioner's renewal application within two months of the judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 16TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA,
1944
WP(C) NO. 8717 OF 2022
PETITIONER/S:
MAJEED T. AGED 43 YEARS S/O. T. HAMZA, THEKKATHIL HOUSE, KUTTATHI P. O., KARUVARAKUNDU, MALAPPURAM DISTRICT, PIN - 676 523. BY ADVS. P.SAMSUDIN SHYAM NAIR LIRA A.B.
RESPONDENT/S:
1 THE DISTRICT MAGISTRATE MALAPPURAM, CIVIL STATION, DOWN HILL P. O. - 676505, MALAPPURAM DISTRICT. 2 THE DISTRICT POLICE CHIEF MALAPPURAM, DOWN HILL P. O. - 676505, MALAPPURAM DISTRICT.
OTHER PRESENT:
ADV. AMMINIKUTTY. K - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8717 of 2022
-2-
JUDGMENT
Dated this the 16th day of November, 2022
The petitioner is holding an Arms licence for 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 1st respondent having delayed consideration of the renewal application, this writ petition is filed.
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.
The inordinate delay in passing orders on the
W.P.(C) No. 8717 of 2022
application for renewal is stated to be causing substantial prejudice to the petitioner.
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.
The writ petition is hence disposed of
directing the 1st 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 1st respondent shall consider the relevant statutory provisions
W.P.(C) No. 8717 of 2022
and advert to the decisions rendered by this
court in Ganesh Prasad v. Board of Revenue (LR) [2005(2) KLT 645] and Chandran Nair C v. Additional District Magistrate, Kasaragod and others [2015 (1) KLT 41].
Sd/-
V.G.ARUN JUDGE
Scl/
W.P.(C) No. 8717 of 2022
-5-
APPENDIX OF WP(C) 8717/2022
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ARMS LICENSE NO.102/NBR. Exhibit P2 TRUE COPY OF THE RECEIPT OF THE APPLICATION FOR RENEWING THE LICENSE. Exhibit P3 TRUE COPY OF THE CHALLAN FOR PAYMENT OF FEE FOR RENEWING THE LICENSE. Exhibit P4 TRUE COPY OF THE CIRCULAR NO.16109/F1/15/HOME DATED 09.03.2015.
2 issues framed by the court
Whether the delay in renewing an existing arms licence warrants judicial intervention to expedite the decision.
Whether the authorities can seek further inputs before passing orders on a renewal application without causing prejudice.
Colour shows how this judgement treated each authority
Ganesh Prasad v. Board of RevenueExplained¶30
Ganesh Prasad v. Board of Revenue (LR) [2005(2) KLT 645]
Chandran Nair C v. Additional District Magistrate, KasaragodExplained¶30
Chandran Nair C v. Additional District Magistrate, Kasaragod and others [2015 (1) KLT 41]
Majeed T.
The District Magistrate Malappuram
The District Police Chief Malappuram
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
