Kerala High Court
Sivanandan.M vs The District Magistrate on 13 April, 2023
W.P.(C). No.13578 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 13578 OF 2023
PETITIONER:
SIVANANDAN.M
AGED 40 YEARS
S/O MANIKKAN, MAMPULLY HOUSE, CHULLIMADA, KANJIKODE,
PALAKKAD, PIN - 678621
BY ADVS.
ASWINI SANKAR R.S.
P.YADHU KUMAR
SWETHA K.S.
RESPONDENT:
THE DISTRICT MAGISTRATE
PALAKKAD DISTRICT, CIVIL STATION, ERNAKULAM. PIN -
682001
BY SENIOR GOVERNMENT PLEADER - SMT. RESHMI.K.M
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.13578 of 2023 2
JUDGMENT
Dated this the 14th day of April, 2023
This writ petition is filed by the petitioner seeking the following reliefs:
(i) To issue a writ or order or direction to the respondent herein to consider
the license application of the petitioner and pass an order in a time bound
manner without insisting for a police training certificate.
(ii) To issue a writ in the nature of mandamus or any other appropriate writ,
order or direction granting license in favor of the petitioner herein, or
(iii) To set-aside the Exhibit P5 notice.
iv To grant such other and further reliefs as are deemed just and necessary
in the facts and circumstances of the case including the costs of these
proceedings.
2. The sum and substance of the contention advanced in the writ petition is
that the petitioner has submitted an application for arms licence under the
provisions of the Arms Act, 1959, which is pending consideration before the
District Magistrate, Palakkad (by mistake the address is shown as Civil Station,
Ernakulam). However, the learned counsel for petitioner submitted that it is
pending consideration before the District Collector, Palakkad.. Since the pendency
of the application is evident from Exhibit P1 hearing notice dated 26.7.2022,
there will be a direction to the District Magistrate or the Additional District
Magistrate, to take a decision on the application submitted by the petitioner.
Even though, in an earlier Government Order, there was a direction for proper
arms training, the said order of the Government is seen now withdrawn as per
the Government Order dated 8.3.2023 bearing No. F1/435/2022/Home Affairs.
In that view of the matter, I do not think any further reliefs sought for by the
petitioner is to be granted. A decision shall be taken by the District
Magistrate/Additional District Magistrate, at the earliest, at any rate, within a
month from the date of receipt of a copy of this judgment, after providing a
notice of hearing to the petitioner, if it is not already done.
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX OF WP(C) 13578/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 26/07/2022
ISSUED BY RESPONDENT
Exhibit P2 A TRUE COPY OF THE POLICE CLEARANCE
CERTIFICATE DATED 18.02.2022
Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF MEMBERSHIP
ISSUED DATED 19.02.2022
Exhibit P4 A TRUE COPY OF THE CERTIFICATE OF MERIT
ISSUED FOR PARTICIPATION IN PALAKKAD DISTRICT
SHOOTING CHAMPIONSHIP.
Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED
22.08.2022, ISSUED BY THE RESPONDENT
Exhibit P6 A TRUE COPY OF THE CIRCULAR NO .D6-
182137/2022/PHQ DATED 23.10.2022
Exhibit P7 A TRUE COPY OF THE JUDGEMENT OF HON'BLE HIGH
COURT DATED 24.01.2023 IN WP (C) 42675 OF
