Moidu.A.T vs The District Magistrate ...
2023 Latest Caselaw 781 Ker

W.P.(C) No. 39251 of 2022                   1




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MR.JUSTICE V.G.ARUN
      THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                              WP(C) NO. 39251 OF 2022
PETITIONER/S:

              MOIDU.A.T
              AGED 42 YEARS,
              S/O. AHAMMED, ARIMBRA THAYYIL HOUSE, MELATTUR,
              PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PINCODE-
              679326.
              BY ADVS.
              P.SAMSUDIN
              MILAN RACHEL MATHEW
              LIRA A.B.


RESPONDENT/S:

              THE DISTRICT MAGISTRATE MALPPURAM
              CIVIL STATION, DOWN HILL P.O., MALAPPURAM DISTRICT,
              PINCODE-676505.

OTHER PRESENT:

              GP AMMINIKUTTY K



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.01.2023,        THE    COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No. 39251 of 2022              2




                                  V.G.ARUN J.
                       -------------------------------------
                         W.P.(C) No.39251 of 2022
                        ---------------------------------
                  Dated this the 12th day of January 2023

                                  JUDGMENT

The petitioner, a farmer holding 25 acres of land abutting to

the reserved forest, submitted an application for additional gun license.

The respondent having delayed consideration of the application, the

petitioner approached this court in W.P.(C) No. 16242/2022. That writ

petition was disposed of vide Ext.P2 judgment, directing the respondent

to consider and pass orders on the application within two months.

Accordingly, the respondent considered the application and passed

Ext.P3 order. This writ petition is filed challenging Ext.P3 mainly on the

ground that the reasons stated for rejecting the application are contrary

to the provision of the Arms Act and Rules, as also the precedents on

the point.

2. Even though learned Counsel for the petitioner strenuously

contended to consider the writ petition on merits, I refrain from doing

in view of the efficacious alternative remedy of appeal provided under

Section 18 of the Arms Act.

The writ petition is hence closed, reserving the petitioner's liberty

to file appeal against Ext.P3 order. If such appeal is filed within two

weeks, the same shall be treated as an appeal filed within time and

appropriate orders passed thereon expeditiously.

Sd/-

V.G.ARUN JUDGE dpk

APPENDIX OF WP(C) 39251/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FOR LICENSE AND THE CHALLAN FOR PAYMENT OF FEE DATED 22.10.2021.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 22.6.2022 IN WP(C) NO.16242/2022 ON THE HIGH COURT OF KERALA.

Exhibit P3 TRUE COPY OF THE ORDER OF THE RESPONDENT DATED 5.11.2022 REJECTING THE APPLICATION SUBMITTED BY THE PETITIONER.