Kerala High Court
Dr.Biju Thomas Meenathathil vs State Of Kerala on 21 December, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
1945
WP(C) NO. 41872 OF 2023
PETITIONER:
DR.BIJU THOMAS MEENATHATHIL
AGED 60 YEARS
SON OF MARY BAI THOMAS, RESIDING AT MEENATHATHIL
HOUSE, NEAR KUNNATHAMBALAM, VTC CHERANALLOOR P.O,
ERNAKULAM, NOW WORKING AT DUBAI 2808HDS BUSINESS
CENTER, CLUSTER M, JLT, DUBAI, UAE, PIN - 682034
BY ADVS.
PEEYUS A.KOTTAM
RAGESH CHAND R.G.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME,
GOVERNMENT SECRETARIAT, ANNEXE, TRIVANDRUM, PIN -
695001
2 THE DISTRICT COLLECTOR, ERNAKULAM
1ST FLOOR, CIVIL STATION, ECHAMUKU, KUNNUMPURAM,
KAKKANAD, PIN - 682030
SRI. BIMAL K. NATH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(c) No. 41872 of 2023
2
JUDGMENT
The petitioner is the holder of Ext. P1 license. The
petitioner states that, he has preferred an application
before the 2nd respondent for renewal of arms license and
surrendered his gun to the licensed gun dealer as evident
by Ext. P3. The application was rejected by the 2 nd
respondent by Ext. P4 order dated 13.08.2023. The
petitioner submits that Ext. P4 has been passed without
adherence to the principles of natural justice as well as
the various judgments rendered by this Court.
2. Heard the learned counsel for the petitioner and
the learned Government Pleader.
3. The learned Government Pleader, on instructions,
submits that Ext. P4 order was passed without hearing
the petitioner. Since Ext. P4 order is passed without
adherence to the principles of natural justice, the same is
set aside.
In the facts and circumstances of the case and
having regard to the submissions made across the Bar,
there will be a direction to the 2 nd respondent to pass
fresh orders on the application of the petitioner for
renewal of arms license in accordance with law and the
dictums laid down by this Court in similar matters, after
hearing the petitioner, as expeditiously as possible, at
any rate, within a period of two months from the date of
receipt of a copy of this judgment. The petitioner shall
produce a copy of the writ petition, the decisions relied on
by the petitioner, along with a certified copy of this
judgment before the 2nd respondent.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
bnu JUDGE
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER NO. D
DIS/85031/2016/M3 DATED 26.03.2017
GRANTING ARMS LICENSE TO THE PETITIONER
WHICH IS VALID UP TO 21.03.2020
Exhibit P2 TRUE COPY OF THE ARMS LICENSE DATED
26.08.2017 ISSUED FROM THE OFFICE OF THE
2ND RESPONDENT TO THE PETITIONER SHOWING
THE DETAILS OF THE LICENSED TO WEAPON
Exhibit P3 THE TRUE COPY OF THE RECEIPT ISSUED BY
T.JACOB & CO, LICENSED DEALERS IN ARMS
AND AMMUNITION FOR SAFE CUSTODY OF THE
PETITIONER'S ARMS FROM 21.03.2020
Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS OF THE
DISTRICT COLLECTOR, ERNAKULAM BEARING
NO.DCEKM/1541/2020/M3 DATED 13.08.2023
Exhibit P5 THE TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA REPORTED IN
2015 (1) KHC 351 (CHANDRAN NAIR C. VS.
ADDITIONAL DISTRICT MAGISTRATE, KASARGOD
AND OTHERS)
Exhibit P6 THE TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT REPORTED 2022 KHC 2501
(SAFAR T.K. VS. LAND REVENUE
COMMISSIONER, PUBLIC OFFICE BUILDING,
THIRUVANANTHAPURAM)
