Ranjith vs State Of Kerala
2021 Latest Caselaw 22877 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF NOVEMBER 2021/2ND AGRAHAYANA, 1943
                    WP(C) NO. 23092 OF 2021
PETITIONER:

         RANJITH
         AGED 53 YEARS
         S/O.ACHUTHAN, KODAVAMPARAMBIL HOUSE,
         KOTHACHIRA P.O., CHALISSERY,
         PALAKKAD DISTRICT 679 535

         BY ADVS.
         RAJIT
         ARJUN S.


RESPONDENTS:

    1    STATE OF KERALA
         REP.BY THE PRINCIPAL SECRETARY-HOME DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM 695 001
    2    THE DISTRICT COLLECTOR
         PALAKKAD, CIVIL STATION, PALAKKAD 678 001
    3    ADDITIONAL DISTRICT MAGISTRATE-
         PALAKKAD, CIVIL STATION, PALAKKAD 678 001
    4    THE SUPERINTENDENT OF POLICE
         PALAKKAD, CIVIL STATION, PALAKKAD 678 001
    5    THE STATION HOUSE OFFICER
         CHALISSERY POLICE STATION,
         PALAKKAD DISTRICT 679 536


         BY SMT.VINITHA B, SR. GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 23.11.2021,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.23092/2021
                                :2 :




                          JUDGMENT

~~~~~~~~~

Dated this the 23rd day of November, 2021

The petitioner is aggrieved by the refusal of

respondents 2 to 5 to renew Ext.P1 Arms Licence issued to

the petitioner in the year 2003. The petitioner was granted

Ext.P1 Arms Licence No. 402/OTP for possession of a 12

bore Single Barrel Breech Loading (SBBL) Gun, on

14.07.2003. The licence was renewed by the respondents

from time to time, up to 31.12.2011.

2. Before the expiry of the period of licence ending on

31.12.2011, the petitioner paid fee for renewal. But, the 3 rd

respondent did not process the application. The petitioner

hence submitted Ext.P4 representation to the 2 nd respondent,

which also did not yield any result. On an RTI enquiry, the

petitioner learnt that his applications for renewal of licence

submitted in 2011 and 2015 are pending consideration. WP(C) No.23092/2021

3. Thereafter, the 2nd respondent, as per Ext.P7

communication dated 07.03.2021, required the 4 th respondent

to give his report for renewal of the arms licence of the

petitioner. However, the licence has not been renewed so far.

In the circumstances, the petitioner has approached this Court

seeking reliefs.

4. The learned Senior Government Pleader submitted

that for considering Ext.P1 renewal application in respect of

the arms licence, the 3rd respondent may require reports from

the Forest officers, Civil Supplies authorities and the

Tahsildar. The processing of the application may therefore

take time.

5. Heard the learned counsel for the petitioner and the

learned Senior Government Pleader appearing for the

respondents.

6. The petitioner has submitted Ext.P1 application for

renewal of licence. The petitioner has also paid requisite fee.

Ext.P6 information received by the petitioner under the RTI

Act would show that the applications for renewal of arm WP(C) No.23092/2021

licence submitted by the petitioner are under process. An

application for renewal of arms licence, is an application of

statutory character. Therefore, the competent statutory

authority is bound to consider such application in accordance

with law, within a reasonable time. In the case of the

petitioner, the applications were submitted in the year 2011

and 2015. The delay in consideration of the application is not

justified.

In the facts and circumstances of the case, the writ

petition is disposed of directing the 3rd respondent to consider

the applications submitted by the petitioner for renewal of

Arms Licence within a period three months, if necessary, after

obtaining requisite reports from the officers of the Forest

Department, Civil Supplies Department and from the Tahsildar

concerned.

Sd/-

N. NAGARESH, JUDGE

aks/29.11.2021 WP(C) No.23092/2021

APPENDIX OF WP(C) 23092/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE ARMS LICENCE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 14.7.2003 Exhibit P2 A TRUE COPY OF THE PAYMENT RECEIPT ISSUED BY STATE BANK OF INDIA/STATE BANK OF TRANVANCORE DATED 29.12.2011 Exhibit P3 A TRUE COPY OF THE APPLICATION BEFORE THE 3RD RESPONDENT AND PAYMENT RECEIPT DATED 21.1.2015 Exhibit P4 A TRUE COPY OF THE COMMUNICATION BEFORE THE 2ND RESPONDENT DATED 26.10.2019 AND RECEIPT ISSUED TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE RTI APPLICATION DATED 17.2.2021 Exhibit P6 A TRUE COPY OF THE COMMUNICATION FROM THE PIO-OFFICE OF THE 2ND RESPONDENT DATED 7.3.2021 Exhibit P7 A TRUE COPY OF THE COMMUNICATION FROM THE 2ND RESPONDENT DATED 7.3.2021