Kerala High Court
K.S.Govindan Nair vs State Of Kerala on 15 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
WP(C).No.5341 OF 2016(P)
PETITIONERS:
1 K.S.GOVINDAN NAIR
AGED 68 YEARS
PARVATHY NIVAS, CHIRAKULAM ROAD, THIRUVANANTHAPURAM,
NOW RESIDING AT KANMANI VEEDU, ERUVA, PANNIYOOR
VILLAGE, KARTHIKAPAPALLI TALUK, KAYAMKULAM,
ALAPPUZHA.
ADDL. THANKAMANI
P2 AGED 65 YEARS
RESIDING AT KANMANI, ERUVA EAST, ERUVA.P.O.,
KAYAMKULAM, ALAPPUZHA - 690572
ADDITIONAL P2 IS INCLUDED AS PER ORDER DATED
15/3/2021 IN I.A.NO.1 OF 2021.
BY ADVS.
SRI.M.BALAGOVINDAN
SMT.S.ABJA
SRI.S.SHIBU KUMAR
SRI.M.BALAGOVINDAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 LAND REVENUE COMMISSIONER
OFFICE OF THE LAND REVENUE COMMISSIONER,
PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM - 695 001.
3 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, KUDAPANAKUNNU P.O.,
THIRUVANANTHAPURAM - 695 001.
SRI. TEK CHAND, SENIOR GOVERNMENT PLEADER FOR
RESPONDENTS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5341 OF 2016(P) 2
JUDGMENT
Dated this the 15th day of March 2021
S. Manikumar, CJ
Petitioner, Sri.K.S.Govindan Nair was the holder of a licence under the
Arms Act, 1959, to possess a fire arm. According to the petitioner, he got
licence to use the pistol in the year 1968 and he has renewed the licence
during statutory intervals. He had surrendered the same in the year 2008
before the statutory authority for renewal of the same.
2. Case of the petitioner is that, after the surrender, the licensing
authority, including the Divisional Forest Officer, informed the petitioner that
there is no such addressee residing in the building and based on the report,
the District Magistrate declined to renew the licence. Petitioner thereafter
filed W.P.(C) No.15911/2009 and this Court vide judgment dated 9.6.2009,
directed the Additional District Magistrate, Thiruvanthapuram, to consider
the matter within one month, evident from Exhibit P1.
3. After the passing of Exhibit P1, the District Collector,
Thiruvananthapuram, passed Exhibit P2 order rejecting the renewal of
licence. Thereafter, petitioner filed an appeal challenging Exhibit P2 before
the Land Revenue Commissioner, Thiruvananthapuram, the 2 nd respondent,
after hearing the petitioner and all other concerned, the 2 nd respondent
directed the District Collector to re-consider the matter afresh, evident from
Exhibit P3.
4. According to the petitioner, thereafter, no order has been passed by
the District Collector and explaining the entire matter, petitioner submitted a
representation to the then Hon'ble Chief Minister of Kerala on 28.10.2010.
The Hon'ble Chief Minister forwarded the same to the Additional Chief
Secretary (Revenue) for necessary action, evident from Exhibit P4. The non-
consideration of Exhibit P3 necessitated the petitioner to approach this Court
again by filing W.P.(C) No.30533/2015. This Court, as per judgment dated
8.10.2015, directed the District Collector, Thiruvananthapuram, 3rd
respondent, to consider the matter within a time limit, evident from Exhibit
P5.
5. The case projected by the petitioner is that, the Additional District
Magistrate, Thiruvananthapuram, who is discharging the duties of 3rd
respondent, without adverting to any of these aspects contended, rejected
the application for renewal of licence vide Exhibit P6 order, on extraneous
grounds.
6. Exhibit P6 order passed by the Additional District Magistrate,
Thiruvananthapuram in Proceedings No.A8/29967/2008/K.Dis. dated
11.1.2016, reads thus:
" ORDER
The applicant is not residing in Thiruvananthapuram District, and
the applicant could not substantiate that he faced any threat to himself or
his property otherwise the District Police Chief, Thiruvananthapuram City
has reported that there is no objection in renewing the arms licence. In
these circumstances the arms licence renewal application of
Sri.K.S.Govindan Nair is rejected and subsequently the arms licence
No.464/TVM is cancelled under section 17(3)(a) of arms Act, 1959. The
weapon should be deposited in the nearest Police Station/Government
armoury/licenced armoury."
5. Being aggrieved, instant writ petition is filed by Sri.K.S.Govindan Nair, for
the following reliefs:
a) Call for the records, leading to the passing of Exhibit-P6 and quash the
same by issuing a writ of certiorari or other appropriate writ direction or
order.
b)Issue a writ of mandamus or other appropriate writ, direction or order
directing the 3rd respondent to renew the Arms licence pertaining to the
petitioner in respect of 0.25 bore pistol No.232235 forthwith.
7. Pending disposal of the writ petition, the writ petitioner died on
30.5.2020. Mrs.Thankamani, wife of the deceased K.S.Govindan Nair, being
the legal heir, has filed I.A.No.1/2020 to implead herself as additional writ
petitioner No.2. Rule 25(1) of the Arms Rules, 2016, which enables grant of
licences to legal heirs, is extracted:
25. Grant of licences to legal heirs. ─ (1) The licensing authority may
grant a licence ─
(a) after the death of the licensee, to his legal heir; or
(b) in any other case, on the licensee attaining the age of seventy years or
on holding the firearm for twenty-five years, whichever is earlier, to any
legal heir nominated by him:
Provided that notwithstanding the provisions contained in rule 12 of
these rules, the licensing authority may grant a licence to such legal heir if
the eligibility conditions under the Act and these rules are fulfilled by the
said legal heir and there are no adverse remarks in the police report.
(2) Where a licensee leaves behind more than one legal heir and the
legal heirs decide amongst themselves to retain the arm or arms of the
deceased, one of the legal heirs nominated by all other legal heirs may
apply for a licence under sub-rule (1) along with the following documents,
namely:- (i) a declaration of no-objection from the remaining legal heirs;
(ii) an indemnity bond executed by the applicant giving full details of the
licence and the arm or arms endorsed thereupon; and
(iii) a copy of the death certificate of the deceased licensee.
(3) Where the legal heirs decide to dispose of the arm or arms endorsed
on the licence of the deceased licensee, they may apply to the licensing
authority for grant of a limited period permission to sell the arm or arms, within
the time allowed by such authority, to any licensed dealer or to any other
person entitled to possess an arm under these rules. "
8. Section 21 of the Arms Act, 1959 deals with deposit of arms, etc., on
possession ceasing to be lawful, and the same is reproduced:
Deposit of arms, etc., on possession ceasing to be lawful.--
(1) Any person having in his possession any arms or ammunition the possession
whereof has, in consequence of the expiration of the duration of a licence or of
the suspension or revocation of a licence or by the issue of a notification under
section 4 or by any reason whatever, ceased to be lawful, shall without
unnecessary delay deposit the same either with the officer incharge of the
nearest police station or subject to such conditions as may be prescribed, with
a licensed dealer or where such person is a member of the armed forces of the
Union, in a unit armoury. Explanation.--In this sub-section "unit armoury"
includes an armoury in a ship or establishment of the Indian Navy.
(2) Where arms or ammunition have or has been deposited under sub-
section (1) the depositor or in the case of his death, his legal representative,
shall, at any time before the expiry of such period as may be prescribed, be
entitled--
(a) to receive back anything so deposited on his becoming entitled by
virtue of this Act or any other law for the time being in force to have the same
in his possession, or
(b) to dispose, or authorise the disposal, of anything so deposited by
sale or otherwise to any person entitled by virtue of this Act or any other law
for the time being in force to have, or not prohibited by this Act or such other
law from having, the same in his possession and to receive the proceeds of any
such disposal:
Provided that nothing in this sub-section shall be deemed to authorise
the return or disposal of anything of which confiscation has been directed under
section 32.
(3) All things deposited and not received back or disposed of under sub-
section (2) within the period therein referred to shall be forfeited to
Government by order of the district magistrate: Provided that in the case of
suspension of a licence no such forfeiture shall be ordered in respect of a
thing covered by the licence during the period of suspension.
(4) Before making an order under sub-section (3) the district magistrate
shall by notice in writing to be served upon the depositor or in the case of
his death, upon his legal representative, in the prescribed manner, require
him to show cause within thirty days from the service of the notice why the
things specified in the notice should not be forfeited.
(5)After considering the cause, if any, shown by the depositor or as the
case may be, his legal representative, the district magistrate shall pass
such order as he thinks fit.
(6) The Government may at any time return to the depositor or his legal
representative things forfeited to it or the proceeds of disposal thereof
wholly or in part."
9. Reverting to the case on hand, it could be seen that vide Exhibit P6,
renewal application of the writ petitioner has been rejected and subsequently
the arms licence No. No.464/TVM has been cancelled under section 17(3)(a)
of the Arms Act, 1959. Directions have been issued that, the weapon should
be deposited in the nearest Police Station/Government armoury/licenced
armoury.
10. Mrs.Abja.S., learned counsel appearing for writ petitioner,
submitted that the weapon has already been deposited.
11. According to the additional petitioner, in terms of rule 21(3) of the
Arms Rules, 2016, she has decided to dispose of the arm. Thus, from the
above submission, it is clear that the legal heir has decided not to seek for
renewal of licence already issued to the deceased K.S.Govindan Nair. As per
rule 25(3) of the Arms Rules, 2016, where the legal heirs decide to dispose of
the arm or arms endorsed on the licence of the deceased licensee, they may
apply to the licensing authority for grant of a limited period permission to sell
the arm or arms, within the time allowed by such authority, to any licensed
dealer or to any other person entitled to possess an arm under the Arms
Rules, 2016.
12. Thus statutory rules enables the legal heir to dispose of the arm as
stated supra, and it is always open to the legal heir to do so, with the
statutory permission of the licensing authority, subject to the time to be
allowed by such authority.
13. Placing on record the above submission, I.A. No.1 of 2021 filed to
implead the wife of the deceased, is allowed only for the above said
purpose.
14. Impleaded 2nd additional petitioner is permitted to make an
application to the licensing authority for the disposal of arm subject to the
Rules/regulations and any other orders issued thereon and if any such
application is filed to the licensing authority viz., the District Collector,
Thiruvananthapuram, respondent No.3, is directed to pass orders within two
months from the date of receipt of the application, in accordance with law.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX OF WP(C) 5341/2016
PETITIONER'S EXHIBITS:
EXHIBIT P1 EXHIBIT P1. TRUE COPY OF THE JUDGMENT IN
W.P.(C)15911/2009 DATED 09.06.2009.
EXHIBIT P2 EXHIBIT P2. TRUE COPY OF THE ORDER OF THE
3RD RESPONDENT DATED 18.09.2009.
EXHIBIT P3 EXHIBIT P3. TRUE COPY OF THE ORDER PASSED
BY THE 2ND RESPONDENT DATED 01.12.2009.
EXHIBIT P4 EXHIBIT P4. TRUE COPY OF THE
REPRESENTATION DATED 28.10.2010.
EXHIBIT P5 EXHIBIT P5. TRUE COPY OF THE JUDGMENT IN
W.P.(C)30533/2015 OF THIS HON'BLE COURT
DATED 08.10.2015.
EXHIBIT P6 EXHIBIT P6. TRUE COPY OF THE ORDER PASSED
BY THE ADDITIONAL DISTRICT MAGISTRATE,
THIRUVANANTHAPURAM DATED 11.01.2016.
EXHIBIT P7 EXHIBIT P6. TRUE COPY OF THE DEATH
CERTIFICATE ISSUED ON 24.06.2020.
