Bibin M Muhammed vs The District Magistrate
2023 Latest Caselaw 9196 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                      WP(C) NO. 28187 OF 2023
PETITIONER:

             BIBIN M MUHAMMED, AGED 23 YEARS
             S/O. USMAN. M.M., MUNDAMBRA HOUSE KALKKULAM,
             KARAPPURAM.P.O. MALAPPURAM, PIN - 679331
             BY ADVS.
             SAJI KURIACHAN
             M.R.NANDAKUMAR


RESPONDENTS:

      1      THE DISTRICT MAGISTRATE, CIVIL STATION.P.O.
             MALAPPURAM DISTRICT, PIN - 676505
      2      THE DISTRICT POLICE CHIEF
             MALAPPURAM DISTRICT ., PIN - 676504
OTHER PRESENT:

             SMT. VIDYA KURIAKOSE, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    23.08.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 28187/2023                              2




                   P. V. KUNHIKRISHNAN, J.
                -------------------------------------------
                    WP(C).No.28187 of 2023
                -------------------------------------------
             Dated this the 23rd day of August, 2023


                                  JUDGMENT

The above writ petition is filed with the following prayers:

(i) issue a writ of mandamus to the respondent to grant the arms licenses of the petitioner under Rule 25 of Arms Rule, 2016 within a time schedule.

(ii) issue a writ of mandamus or other appropriate writ, direction or order directing lst respondent or such of them to grant the licence to the petitioner to possess a gun, as requested for, under the Arms Act and Rules for a further period of 5 years from the date of judgment in the above writ petition;

(iii) dispense with filing of the translation of vernacular documents.

(iv) issue such other writ, direction or order as may be prayed for, in the fact and circumstances of the case.

[SIC]

2. The petitioner submitted Ext.P1 application for arms

license as per Rule 25 of the Arms Rules, 2016. The grievance of the

petitioner is that the same is not considered.

3. Heard learned counsel for the petitioner and the learned

Government Pleader.

4. After hearing both sides, I think this writ petition itself

can be disposed of directing the 1st respondent to consider Ext.P1

within a time frame.

Therefore this writ petition is disposed of with the following

directions:

(i) The 1st respondent is directed to consider and pass appropriate orders on Ext.P1, after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment.

(ii) While deciding the matter, the 1st respondent will also consider the applicability of Ext.P4 judgment.

(iii) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 28187/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION DATED 22-

02-2023 Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE LST RESPONDENT DATED 07-03-2023 Exhibit P3 TRUE COPY OF THE TRAINING CERTIFICATE ISSUED BY THE MASTER ACCREDITED TRAINER DATED 15-03-2023 Exhibit P4 TRUE COPY OF THE JUDGMENT OF THE LEARNED SINGLE JUDGE OF THE HONOURABLE HIGH COURT OF KERALA, IN GANESH PRASAD VS. BOARD OF REVENUE (LR) REPORTED IN 2005 (2) KLT 645