Badranandaji @ Himaval Maheswara ... vs *District Collector : (Corrected ...
2021 Latest Caselaw 22926 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. 12433 OF 2021
PETITIONER:

         BHADRANANDAJI @ HIMAVAL MAHESWARA BHADRANANDA,
         AGED 36 YEARS,
         S/O. HEMACHANDRAN,
         500 B, KUNNUMPURAM LANE,
         BAPPUJI NAGAR,
         PONGUMOODU,
         SREEKARIYAM P.O.,
         THIRUVANANTHAPURAM - 695011.

         BY ADVS.
         S.CHANDRASEKHARAN NAIR
         RAJU GEORGE (KARUVATTA)
         S.GOKUL BABU
         AMALA.J.RAJ
         JEREES J.
         BALAMURALI K.P.

RESPONDENTS:

    1    *DISTRICT COLLECTOR : (CORRECTED AS):
         THIRUVANANTHAPURAM DISTRICT,
         2ND FLOOR CIVIL STATION BUILDING,
         THIRUVANANTHAPURAM,
         KERALA 695 043.

         * STATE OF KERALA,
         REP.BY ADDITIONAL CHIEF SECRETARY,
         HOME AND VIGILANCE DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM - 695001

         (ADDRESS OF THE 1ST RESPONDENT IS CORRECTED AS
         PER ORDER DATED 27.10.2021 IN IA NO.1/2021).
 WP(C) No.12433/2021
                            :2 :


    2      ADDITIONAL DISTRICT MAGISTRATE,
           ERNAKULAM, DISTRICT COLLECTORATE,
           FIRST FLOOR CIVIL STATION,
           KAKKANAD, ERNAKULAM - 682030.

           SMT.PRINCY XAVIER, 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.12433/2021
                               :3 :




                         JUDGMENT

Dated this the 23rd day of November, 2021

The petitioner submits that he is a social worker, a

critic and a benefactor of the poor and an ardent spiritual

personality. The petitioner has approached this Court

seeking to command the 2nd respondent to consider Ext.P3

Claim Petition and to release MO:1 (Pistol), MO:2 (Cartridge

cases 2 series), MO:3 (Led piece of bullets), MO:4 (Bullets

36 in numbers), MO:5 (Pouch of the Pistol with label 'BABA')

to the petitioner.

2. The petitioner was holding an Arms licence as is

evidenced by Ext.P1. The petitioner would submit that a

licence was granted to the petitioner in the year 2008 and it

was extended and the licence period expired on 31.03.2011.

On 17.05.2008, certain incidents occurred and charges were

framed against the petitioner in C.P. No.4/2013 of Judicial WP(C) No.12433/2021

First Class Magistrate Court-I, Aluva in Crime No.1122/2008

of Aluva Police Station. The petitioner submits that his Arms

and Bullets were taken into custody, consequent to the said

crime. Ultimately, the petitioner was acquitted as per the

judgment dated 12.01.2017 of the Court of the Additional

District and Sessions Judge, North Paravur.

3. After the exoneration of the petitioner, the

petitioner submitted Ext.P3 Claim Petition before the

Additional District Magistrate, Ernakulam seeking for release

of arms and ammunitions. Ext.P3 application was filed on

13.11.2020 as is evidenced by Ext.P4. However, the

petitioner is yet to get his Arms and Ammunitions released.

In such circumstances, the petitioner is before this Court.

4. I have heard the learned counsel for the petitioner

and the learned Senior Government Pleader representing the

respondents.

5. The seizure of the arms and ammunitions of the

petitioner, which he was holding as per Ext.P1 licence is not WP(C) No.12433/2021

in dispute. By Ext.P2 judgment, the Additional District and

Sessions Judge, North Paravur has found that the petitioner

has no involvement in the Crime as alleged in the FIR.

Accordingly, the petitioner is acquitted of the offences

punishable under Sections 307 and 309 IPC and Sections 27

and 30 of the Arms Act. This is evident from Ext.P2

judgment. In such circumstances, this Court finds that

application of the petitioner made as per Ext.P3 for release of

the Arms is liable to be considered.

Accordingly, the writ petition is disposed of

directing the 2nd respondent to consider Ext.P3 application

submitted by the petitioner, within a period of two months.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE SR WP(C) No.12433/2021

APPENDIX OF WP(C) 12433/2021

PETITIONER'S EXHIBITS:

Exhibit P1            TRUE COPY OF THE ARMS LICENCE BEARING
                      NO.1351/KNR   ISSUED    BY    ADDITIONAL

DISTRICT MAGISTRATE, ERNAKULAM, KOCHI

- 30, DATED 30.04.2008 HAVING VALIDITY FROM 30.04.2008 TO 31.03.2011 FOR CARRYING ORE 32 BORE PISTOL NO.101290. Exhibit P2 TRUE COPY OF THE JUDGMENT IN SC NO.169/2014 DATED 12.01.2017 PASSED BY ADDITIONAL SESSIONS COURT, NORTH PARAVOOR.

Exhibit P3 TRUE COPY OF THE CLAIM PETITION DATED 11.11.2020 FILED FOR THE RELEASE OF THE ARTICLES OF THE PETITIONER.

Exhibit P4            TRUE COPY OF THE RECEIPT ISSUED BY THE
                      2ND    RESPONDENT     BEARING     NO.M3-

368836/2020/TDCEKM DATED 11.11.2020.