Kerala High Court
A.Abdul Shafeeq vs District Collector on 4 January, 2021
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)
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)
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.
