IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 12575 OF 2022
PETITIONER:
JITESH P.,
AGED 47 YEARS
S/O.RAJENDRAN P., GEETHAM, PUTHILLAM PARAMBA,
YMCA LANE, KOZHIKODE-673 001.
BY ADVS.
SAJI KURIACHAN
M.R.NANDAKUMAR
RESPONDENTS:
1 THE DISTRICT MAGISTRATE,
CIVIL STATION P.O., KOZHIKODE-673 020.
2 THE COMMISSIONER OF POLICE,
KOZHIKODE CITY, KOZHIKODE-673 001.
BY ADV. SMT. AMMINIKUTTY.K. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12575 OF 2022
2
JUDGMENT
Dated this the 03rd day of June, 2022 The petitioner has applied for gun licence and is aggrieved by the delay in processing his application and taking a decision thereon. Reference is made to Rule 14(3) of the Arms Rules, 2016, to contend that the process should be completed and an order in writing, either granting or refusing the licence, issued within 30 days. Learned Counsel for the petitioner referred to the decision in Chandran Nair vs. Additional District Magistrate [2015 (1) KHC 351], to contend that an application for gun licence need not establish that there exists threat to his life or property.
2. The 1st respondent has filed a statement, wherein it is pointed out that the petitioner's application for new arms licence was received at the office of the 1st respondent on 10.01.2022 and the WP(C) NO. 12575 OF 2022 3 application is under process. As part of the process, reports have been called from the District Police Chief and the Tahsildar. Once the reports are received, an opportunity of personal hearing will be afforded to the petitioner. Thereafter, the petitioner has to submit an application in Form S-1 under Rule 10 of the Arms Rules, in proof of his arms training. According to the 1st respondent, the petitioner has rushed to this Court at a premature stage, without waiting for completion of the initial process of receipt of reports and hearing.
Having heard the learned Counsel on either side, I deem it appropriate to dispose the writ petition directing the 1st respondent to complete the initial stage of hearing of the petitioner within two months of receipt of a copy of this judgment. At the time of hearing, the 1st respondent shall advert to the judgments in Chandran Nair vs. Additional District Magistrate [2015 (1) KHC 351] and Aboobaker T.V. v. Land Revenue Commissioner [2022 (2) KHC 170]. Depending on the outcome of WP(C) NO. 12575 OF 2022 4 the hearing, the petitioner will have to file an application in Form-S1 and the proceedings will be continued thereafter.
Sd/-
V.G.ARUN JUDGE NB/3-6 WP(C) NO. 12575 OF 2022 5 APPENDIX OF WP(C) 12575/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 05.01.2022. EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 10.01.2022.
EXHIBIT P3 TRUE COPY OF THE SAID JUDGMENT DATED 19.11.2014 IN WP(C) NO.38165/2010 OF THIS COURT REPORTED IN 2015(10 KHC 351.
EXHIBIT P4 TRUE COPY OF THE SAID JUDGMENT DATED 15.02.2022 IN WP(C) NO.35111/13 AND CONNECTED CASES OF THIS COURT REPORTED IN 2022 (2) KHC 170 (DB). RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE