Citation : 2021 Latest Caselaw 20554 Ker
Judgement Date : 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 20760 OF 2021
PETITIONER/S:
1 P.RATNAKARAN,
S/O KANNAN MANIYANI, AGED 54 YEARS,
RESIDING AT PARAYAMPALLAM HOUSE,
MUNNAD VILLAGE, MUNNAD POST,
KASARAGOD DISTRICT-671 541.
2 KUMARAN B,
S/O KANNAN, AGED 54 YEARS,
RESIDING AT MADANTHAKODE HOUSE,
KOLATHUR VILLAGE, KOLATHUR POST,
KASARAGOD DISTRICT-671 541.
3 KAMALAKSHAN [email protected] KUNHIKANNAN,
S/O RAMAN, AGED 61 YEARS,
RESIDING AT NARKALA HOUSE,
PARAMPALLAM, MUNNAD VILLAGE,
KASARAGOD DISTRICT-671 541.
BY ADVS.
T.MADHU
C.R.SARADAMANI
SHAHID AZEEZ
RENJISH S. MENON
RESPONDENTS:
1 THE LAND REVENUE COMMISSIONER,
OFFICE OF THE LAND REVENUE COMMISSIONER,
PUBLIC OFFICE COMPOUND, MUSEUM JUNCTION,
THIRUVANANTHAPURAM-695 033.
W.P.(C) No.20760 of 2021 ..2..
2 THE ADDITIONAL DISTRICT MAGISTRATE,
KASARAGOD, VIDYANAGAR P.O.,
KASARAGOD DISTRICT-671 123.
BY SMT.B. VINITHA, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.20760 of 2021 ..3..
W.P.(C)No.20760 of 2021
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JUDGMENT
The grievance voiced by the petitioners in the
writ petition concerns the long delay in disposing of the
appeals preferred by them before the first respondent
challenging the decisions of the competent authority under
the Arms Act in rejecting the requests made for renewal of
the arms licence. Exts.P4 to P6 are the orders rejecting the
applications preferred by the petitioners for renewal of
licence. Ext.P7 is the communication issued by the first
respondent to the first petitioner intimating him about the
decision taken in the stay petition filed by him along with
the appeal. Exts.P8 and P9 are the communications
indicating the acknowledgement of the appeals preferred
by the second and third petitioners against Exts.P5 and P6.
W.P.(C) No.20760 of 2021 ..4..
2. Heard the learned counsel for the
petitioners as also the learned Government Pleader.
Having regard to the facts and circumstances of
the case, especially the fact that the appeals preferred by
the petitioners which are referred to in Exts.P7 to P9 are
statutory in nature, I deem it appropriate to dispose of the
writ petition directing the first respondent to consider and
pass orders on the appeals covered by Exts.P7 to P9
communications, within six weeks from the date of receipt
of a copy of this judgment after affording the petitioners an
opportunity of hearing. Ordered accordingly. The hearing
ordered in terms of this judgment can be held through
video conferencing as well.
Sd/-
P.B.SURESH KUMAR, JUDGE rkj W.P.(C) No.20760 of 2021 ..5..
APPENDIX OF WP(C) 20760/2021
PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LICENCE BEARING NO. GL 3653 DATED 30.3.2004 ISSUED BY THE SECOND RESPONDENT Exhibit P2 THE TRUE COPY OF THE GUN LICENCE BEARING NO. GL 3864/KAS DATED 16.2.2016 ISSUED BY THE SECOND RESPONDENT Exhibit P3 THE TRUE COPY OF THE LICENCE BEARING NO. GL NO. 3185/KAS DATED 04.1.1992 ISSUED BY THE SECOND RESPONDENT Exhibit P4 THE TRUE COPY OF THE ORDER DATED 29.1.2020 WHEREBY THE APPLICATION FOR RENEWAL OF ARMS LICENCE OF THE FIRST PETITIONER WAS REJECTED BY THE SECOND RESPONDENT Exhibit P5 THE TRUE COPY OF THE ORDER DATED 29.1.2020 WHEREBY THE APPLICATION FOR RENEWAL OF ARMS LICENCE OF THE SECOND PETITIONER WAS REJECTED BY THE SECOND RESPONDENT Exhibit P6 THE TRUE COPY OF THE ORDER DATED 29.6.2019 WHEREBY THE APPLICATION FOR RENEWAL OF ARMS LICENCE OF THE THIRD PETITIONER WAS REJECTED BY THE SECOND RESPONDENT Exhibit P7 THE TRUE COPY OF THE LETTER DATED 4.6.2020 ISSUED BY THE FIRST RESPONDENT TO THE FIRST PETITIONER W.P.(C) No.20760 of 2021 ..6..
Exhibit P8 THE TRUE COPY OF THE LETTER DATED 21.5.2020 ISSUED BY THE FIRST RESPONDENT TO THE SECOND PETITIONER Exhibit P9 THE TRUE COPY OF THE LETTER DATED 19.3.2020 ISSUED BY THE FIRST RESPONDENT TO THE THIRD PETITIONER
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