Allowed

P. Narayanan, v. the Inspector General of

Madras HC22 Jun 2022WP(MD)/10410/2012

Case brief

AI extract

What is this about?

This petition challenged the cancellation of the petitioner's gun licence because it was done without issuing a show-cause notice or holding an enquiry, violating natural justice principles. The Court allowed the petition.

What did the court decide?

The impugned order cancelling the gun licence is set aside; matter remitted for fresh consideration after notice and personal hearing within twelve weeks.

P. Narayanan, Vs the Inspector General of — Writ and Judicial Review | Madras HC (2022)

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W.P.(MD).No.10410 of 2012

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 22.06.2022

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD).No.10410 of 2012 and M.P.(MD).No.1 of 2012

P.Narayanan

... Petitioner

Vs.

The Inspector General of Police/ Commissioner of Police, Tirunelveli City.

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... Respondent

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the entire records pertaining to the impugned order passed by the respondent vide his proceedings in Na.Ka.No.G6/12455/2012, dated 17.05.2012 and to quash the same.

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For Petitioner : Mr.R.Anand For Respondent : Mr.N.Muthuvijayan Special Government Pleader *****

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O R D E R

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The present Writ Petition has been filed challenging the order passed by the respondent herein under which the gun licence of the writ petitioner was cancelled.

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2.According to the learned Counsel for the petitioner, the said license has been cancelled without issuing a show cause notice or conducting an enquiry and hence, the orders suffers from violation of principles of natural justice.

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3.Per contra, the learned Counsel for the respondent contends that the petitioner had threatened some persons using the gun and hence, a criminal complaint was also registered as against the writ petitioner in Crime No.659 of 2012 on the file of Perumalpuram. Only based upon the said facts, the respondents cancelled the gun license of the writ petitioner.

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4.Admittedly, the gun license of the writ petitioner has been cancelled without issuing the notice or conducting an enquiry. Hence, the order suffers from violation of principles of natural justice. The impugned order, dated 17.05.2012, passed by the https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD).No.10410 of 2012

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respondent herein is set aside and the matter is remitted back to the file of the respondent for fresh consideration. The respondent shall issue notice and after affording personal hearing to the writ petitioner, shall proceed to pass orders. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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5.With the above said observation, the Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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// True Copy //

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Tmg

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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The Inspector General of Police/ Commissioner of Police, Tirunelveli City.

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+1 CC to M/s.SPL.GP ( SR-27745[F] dated 23/06/2022 )

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Order made in W.P.(MD).No.10410 of 2012 22.06.2022

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CK(CO) GC(06.07.2022) 2P 3C

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https://hcservices.ecourts.gov.in/hcservices/

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P. Narayanan, v. the Inspector General of

Case brief

What is this about?

What did the court decide?

P. Narayanan, v. the Inspector General of

Case brief

What is this about?

What did the court decide?

What the court decided

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