Shibu V vs The Land Revenue Commissioner
2022 Latest Caselaw 3854 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                          WP(C) NO. 9326 OF 2022
PETITIONER:

              SHIBU V
              AGED 36 YEARS
              S/O. VASAVAN, MAMPAZHAKONATHU HOUSE, AVANAVANCHERY,
              ATTINGAL, THIRUVANANTHAPURAM.
              BY ADVS.
              GEORGE SEBASTIAN
              K.RAJENDRAN CHETTIAR


RESPONDENTS:

     1        THE LAND REVENUE COMMISSIONER
              OFFICE OF THE COMMISSIONER OF LAND REVENUE,
              PUBLIC OFFICE BUILDING, MUSEUM ROAD, VIKAS BHAVAN P.O,
              THIRUVANANTHAPURAM, PIN - 695033.
     2        THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE.
              COLLECTORATE, THIRUVANANTHAPURAM, PIN - 695043.
     3        THE TAHSILDAR
              CHIRAYANKEEZHU, TALUK OFFICE, CHIRAYANKEEZHU,
              THIRUVANANTHAPURAM DISTRICT, PIN - 695101.
     4        THE VILLAGE OFFICER,
              ATTINGAL VILLAGE OFFICE, THIRUVANANTHAPURAM DISTRICT,
              PIN - 695101.
     5        THE STATION HOUSE OFFICER
              ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT,
              PIN - 695101.



              SMT.PARVATHY KOTTOL GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.9326 OF 2022

                               2




                           JUDGMENT

Dated this the 5th day of April, 2022

The petitioner is before this Court seeking to direct the 1 st

respondent to dispose of Ext.P4 statutory appeal at the

earliest.

2. The petitioner states that he has made an

application for issuance of Arms Licence. The application for

the Arms licence was rejected as per Ext.P3. The petitioner

preferred Ext.P4 appeal invoking Section 18 of the Arms Act,

1959. Ext.P4 was filed on 17.11.2021, contends the petitioner.

So far, no decision is taken thereon.

3. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

4. Ext.P4 appeal filed by the petitioner is under

Section 18 of the Arms Act, 1959 and therefore is statutory in

nature. When a statutory appeal is filed, the competent WP(C) NO.9326 OF 2022

Appellant Authority has to consider the same, in accordance

with law, within a reasonable period.

In that view of the matter, the writ petition is disposed of

directing the 1st respondent to consider Ext.P4 appeal

preferred by the petitioner, within a period of two months, after

giving an opportunity of hearing to the petitioner.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.9326 OF 2022

APPENDIX OF WP(C) 9326/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPLICATION FORM DATED 29.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 11.08.2021 IN WP(C) NO. 16243/2021. Exhibit P3 A TRUE COPY OF THE ORDER DATED 5.10.2021 PASSED BY TE 2ND RESPONDENT. Exhibit P4 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 17.11.2021.