IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.28812 OF 2020(B)
PETITIONER:
A.ABDUL SHAFEEQ, AGED 58 YEARS
S/O.HAJI A. ABDUL RAHIMAN, RAJAH MAHAL,
PUTHENPALLI P.O., GURUVAYOOR, PIN-680103.
BY ADVS.
SMT.A.PARVATHI MENON
SRI.P.SANJAY
SRI.BIJU MEENATTOOR
SRI.PAUL VARGHESE (PALLATH)
SRI.P.A.MOHAMMED ASLAM
SRI.KIRAN NARAYANAN
SHRI.PRASOON SUNNY
SHRI.RAHUL RAJ P.
RESPONDENTS:
1 DISTRICT COLLECTOR
THRISSUR, PIN-680003.
2 CITY POLICE CHIEF,
THRISSUR, PIN-680003.
3 THE CIRCLE INSPECTOR OF POLICE,
GURUVAYOOR, PIN-680101.
ADDL. STATE OF KERALA, REP. BY ITS SECRETARY,
R4 HOME DEPARTMENT, CENTRAL STADIUM,
MAHATHAMA GANDHI ROAD, NEAR, JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, KERALA 695001.
(ADDL.R4 IS SOUGHT TO BE IMPLEADED AS PER ORDER DATED
04.01.2021 IN I.A.NO.1 OF 2021)
OTHER PRESENT:
SMT.VINITHA.B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28812 OF 2020(B)
2
J U D G M E N T
Petitioner, who was given licence for possession of 0.32 Revolver, 0.22 Riffle and a DBBL Gun as per Ext.P1 which is valid upto 2023, has been asked to deposit one of his arms, as per Ext.P4 notice. According to petitioner, he is a member of the Palakkad District Rifle Association under the Kerala State Rifle Association and therefore he is not supposed to deposit/surrender guns as required in Ext.P4 notice. Pointing out this the petitioner has submitted Ext.P5 representation before the Circle Inspector of Police, the 3rd respondent.
2. Learned Government Pleader on instructions submits that the representation is not received so far. At any rate, it is pointed out that the question whether the petitioner is a member of Rifle Club/Rifle Association is not considered while issuing Ext.P4 notice. Learned Government Pleader points out that Ext.P1 licence was given for possession of 3 arms for WP(C).No.28812 OF 2020(B) 3 the purpose of self protection only and there is no material before the respondents regarding the claim of the petitioner, on being a member of the Rifle Association.
3. Learned counsel for the petitioner points out the seal which is available on Ext.P5 representation itself would show that the 4th respondent has already received the same. However the petitioner shall submit a copy of the representation before the 3 rd respondent along with the copy of the judgment and also produced materials to show that he is a member of the Rifle Club. Therefore, the 3rd respondent shall take appropriate action on the said representation within a period of 'two weeks' from the date of receipt of a copy of the judgment.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE AS WP(C).No.28812 OF 2020(B) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LICENSE NO.439/CHD ISSUED TO HIM.
EXHIBIT P2 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED BY THE PALAKKAD DISTRICT RIFLE ASSOCIATION.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE PALAKKAD DISTRICT RIFLE ASSOCIATION.
EXHIBIT P4 TRUE COPY OF THE SAID NOTICE. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 9.12.2020.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION ISSUED BY COCHIN ARMOURY TO THE DISTRICT MAGISTRATE, THRISSUR DATED 28.11.2020.