P.V.Elias vs The Land Revenue Commissioner
2021 Latest Caselaw 7452 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

    WEDNESDAY, THE 03RD DAY OF MARCH 2021/12TH PHALGUNA, 1942

                      WP(C).No.16479 OF 2020(H)


PETITIONER:

               P.V.ELIAS, CHOLAYIL HOUSE,
               MEENANGADI P.O.,
               WAYANAD DISTRICT PIN-673 591.

               BY ADV. SRI.GEORGE MECHERIL

RESPONDENTS:

      1        THE LAND REVENUE COMMISSIONER,
               THIRUVANANTHAPURAM-695 001.

      2        THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE,
               WAYANADU, KALPETTA, PIN-673 121.

               BY GOVERNMENT PLEADER SMT. K.M. RASHMI

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.16479/2020

                                2




                          JUDGMENT

Dated this the 3rd day of March, 2021

The petitioner was holder of an Arms licence. On the

expiry of the period of licence, petitioner sought for renewal

of licence. The application for renewal was rejected as per

Ext.P4. The petitioner challenges Ext.P4.

2. A perusal of Ext.P4 proceedings of the District

Magistrate would show that the District Magistrate has

taken into consideration the fact that the petitioner was an

accused in Crime No.178/2011 of Meenangadi Police

Station for offences punishable under the Arms Act.

3. The learned counsel for the petitioner would

submit that he has been acquitted of the said criminal case

and therefore Ext.P4 is unsustainable.

4. In view of the fact that the petitioner has been

acquitted of the crime alleged against him, this Court is of

the opinion that the decision of rejecting renewal of Arms WP(C)No.16479/2020

licence of the petitioner shall be reconsidered by the 2 nd

respondent.

5. Accordingly, the writ petition is disposed of

directing the 2nd respondent to reconsider the application of

the petitioner for renewal of Arms licence within a period of

four weeks. To enable the 2 nd respondent to reconsider the

matter, Ext.P4 is set aside.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ncd/03.03.2021 WP(C)No.16479/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.M1/2010/ 19473/12/K.DIS.DATED 11/6/2012

EXHIBIT P2 TRUE CPOY OF THE HEARING NOTICE DATED 24/4/2017

EXHIBIT P3 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT

EXHIBIT P4 TRUE COPY OF ORDER NO.M1-2017/5712/12 DATED 22/12/2017

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 12/12/2018 IN W.P(C)NO.24318/2018.