Kerala High Court
Printo P T vs Haritha V Kumr, Ias on 15 September, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 15th day of September 2022 / 24th Bhadra, 1944
CONTEMPT CASE(C) NO. 1681 OF 2022(S) IN WP(C) 37989/2015
PETITIONER/PETITIONER:
PRINTO P T,AGED 45 YEARS,S/O. THOMAS, PANAMKULATHUKARAN HOUSE,
CHENGALLUR P.O., THRISSUR- 680312
BY ADVS.SAJI KURIACHAN,M.R.NANDAKUMAR,ROY P.KURIAKOSE,
RESPONDENT/1ST RESPONDENT IN THE WP(C):
HARITHA V.KUMR, IAS,THE DISTRICT COLLECTOR, CIVIL STATION P.O.,
THRISSUR DISTRICT, PIN - 680001
SRI.V.TEKCHAND,SENIOR GOVERNMENT PLEADER
This Contempt of court case (civil) having come up for orders on
15.09.2022, the court on the same day passed the following:
S. MANIKUMAR, CJ
&
SHAJI P. CHALY, J
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Cont. Case (C) No. 1681 of 2022 (S)
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Dated this the 15th day of September, 2022
ORDER
S. Manikumar, CJ.
Alleging willful disobedience of the judgment in W.P(C).
No.37989 of 2015 dated 15.2.2022, instant Contempt Case is filed.
2. Earlier, adverting to the rival contentions as regards
grant/refusal of the Arms licence, taking into consideration the
requirements under Sections 13(3) (b), 14 and 15 of the Arms Act,
1959 and after considering the statutory provisions, vide judgment
dated 15.2.2022 in W.P(C).37989 of 2015 and connected cases, we
ordered thus:
"24. Therefore, we are of the view that instead of sending it back to
the writ court, the respective impugned orders in the writ petitions
passed by the statutory/appellate authorities can be set aside and
the applications can be directed to be reconsidered, bearing in mind
the findings and observations contained as above.
25. Accordingly, we set aside the impugned orders i.e., Ext.
P5 order dated 30.10.2015, Ext.P3 order dated 12.11.2014, Ext. P7
order dated 29.10.2015, Ext. P4 order of the District Collector,
Kannur, Ext. P6 order dated 09/2015, Ext.P3 order dated
30.12.2015, Ext. P6 order dated 29.11.2014, Ext. P3 order dated
17.07.2014, Ext. P4 order dated 11.12.2015, Ext. P3 order dated
29.12.2015 and Ext. P20 Government Order dated 30.01.2016
respectively in the sequence of the captioned writ petitions and any
Cont. Case(C).1681/2022
consequential orders passed on remand by the appellate
authority, and direct the primary authority under the Arms Act,
1959 to reconsider all the applications taking into account the
findings and observations contained above, at the earliest and at
any rate within three months from the date of receipt of a copy of
this judgment, after providing an opportunity of hearing to the
petitioners.
The writ petitions are disposed of as above."
3. On this day, when the matter came up for admission, on
instructions Mr. V. Tekchand, learned Senior Government Pleader
submitted that a detailed report of District Police Chief, Thrissur
was received only on 5.9.2022. There is no willful or intentional
disobedience of the directions in the judgment. According to
him, an opportunity of hearing has to be provided before taking
appropriate decision. In such circumstances, some more time is
required for compliance of the directions in the judgment.
Post the matter on 10.10.2022. Learned Senior
Government Pleader is directed to file an affidavit explaining the
reasons for delay.
Sd/-
S. Manikumar,
Chief Justice
Sd/-
Shaji P. Chaly,
Judge
sou.
15-09-2022 /True Copy/ Assistant Registrar
