G. Mohandas vs The District Collector
2022 Latest Caselaw 10151 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
         THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                             WP(C) NO. 27774 OF 2022
PETITIONER:

              G. MOHANDAS
              AGED 81 YEARS
              SON OF GOPALAN, SIVAM, XXXI-20-B3 APR 6TH LANE,
              AMBELIPADOM ROAD, VYTTILA-JANATHA, ERNAKULAM,
              PIN - 682019
              BY ADVS.
              N.M.MADHU
              C.S.RAJANI


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM,
              PIN - 682030
     2        THE ADDITIONAL DISTRICT MAGISTRATE
              COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM,
              PIN - 682030
     3        THE TAHSILDAR
              KANAYANNUR TALUK OFFICE, ERNAKULAM,
              PIN - 682011
     4        THE VILLAGE OFFICER
              POONITHURA VILLAGE, VYTTILA P.O., ERNAKULAM,
              PIN - 682019
     5        THE STATION HOUSE OFFICER
              KADAVANTHRA POLICE STATION, ERNAKULAM,
              PIN - 682020

              BY ADV. RIYAL DEVASSY, GOVERNMENT PLEADER



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.27774 OF 2022
                                     2




                              JUDGMENT

Dated this the 15th day of September, 2022

This writ petition is filed aggrieved by the

insistence on the petitioner's personal appearance for

consideration of his application for renewal of gun

license.

2. I find substantial force in the contention put

forth by the learned Counsel for the petitioner that in

the light of Ext.P4 judgment, the 1 st respondent is not

justified in requiring the petitioner's presence.

3. Learned Government Pleader submitted that

the petitioner's presence is insisted only for

ascertaining his capacity to wield the gun.

4. Inasmuch as the petitioner has been the

license holder of the gun for more than 50 years and

is only seeking renewal of his existing license, the 1 st

respondent cannot insist on the petitioner's presence

as a condition for grant of license, particularly when

the provisions does not contemplate such procedure

and more so, in the light of Ext.P4 judgment. WP(C) NO.27774 OF 2022

The writ petition is accordingly disposed of,

directing the 1st respondent to pass orders on the

petitioner's application for renewal of gun license

within 15 days, without insisting for the petitioner's

presence.

Sd/-

V.G.ARUN

JUDGE NB/15-9 WP(C) NO.27774 OF 2022

APPENDIX OF WP(C) 27774/2022

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE ARMS LICENSE DATED 13.01.2020 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 20.12.2021 ISSUED BY THE FIRST RESPONDENT EXHIBIT P3 TRUE COPY OF THE MEMBERSHIP CARD ISSUED BY THE ERNAKULAM DISTRICT RIFLE ASSOCIATION TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 27.07.2022 IN W.P.(C).NO. 22364/2022 EXHIBIT P5 TRUE COPY OF THE HEARING NOTICE DATED 22.08.2022 RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE FIRST RESPONDENT EXHIBIT P6 TRUE COPY OF THE HEARING NOTICE DATED 24.08.2022 RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE FIRST RESPONDENT DEMANDING PERSONAL APPEARANCE

RESPONDENTS' EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE