Binu Cherian vs Union Of India, Represented By Its ...
2023 Latest Caselaw 7637 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                       WP(C) NO. 22847 OF 2023
PETITIONER:
           BINU CHERIAN
           AGED 55 YEARS
           S/O. CHERIAN V.G RESIDING AT MANDAKATHIL HOUSE
           (VALLIYATHU MANDAKATHIL HOUSE) MADAMON P.O,
           VADASSERIKKARA,PATHANAMTHITTA, PIN - 689711

            BY ADVS.
            V.PHILIP MATHEWS
            ABIYA MARIYAM MATHEW
            ABY SKARIA


RESPONDENTS:
     1     UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
           MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
           NEW DELHI, PIN - 110001

    2       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS
            KERALA GOVERNMENT SECRETARIAT
            THIRUVANANTHAPURAM, PIN - 695001

    3       THE DISTRICT COLLECTOR
            COLLECTORATE, PATHANAMTHITTA, PIN - 689645

    4       THE DISTRICT POLICE CHIEF
            PATHANAMTHITTA, PIN - 689645

    5       THE DIVISIONAL FOREST OFFICER
            RANNI, PATHANAMTHITTA DISTRICT, PIN - 689672

    6       THE TAHSILDAR, TALUK OFFICER
            RANNI, PATHANAMTHITTA DISTRICT, PIN - 689672


OTHER PRESENT:

            SRI. B.S.SYAMANTAK, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.22847 of 2023

                                    2

                  P.V.KUNHIKRISHNAN
              ---------------------
                 W.P (C) No.22847 of 2023
           ---------------------------
             Dated this the 14th day of July, 2023

                              JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or other appropriate writ order or directing third respondent to consider and pass orders on Exhibit P1 application submitted by the petitioner for granting license to hold/possess a Non- Prohibited 12 Bore (Smooth Bore Breech Loading-SBBL) Gun within a time limit to be specified by this Hon'ble Court.

ii) Issue a writ of mandamus or other appropriate writ order or directing third respondent to consider Exhibit P1 application accepting the Training certificate submitted by the petitioner along with Exhibit P1.

iii) Pass just and proper reliefs considering the facts and circumstances of the case and the prayer made at the time of hearing." (SIC)

2. The petitioner is applied for a gun licence as per

the Arms Act before the 3rd respondent as evident by

Ext.P1. The grievance of the petitioner is that the same is

not considered.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. After hearing both sides, I think this writ petition W.P (C) No.22847 of 2023

itself can be disposed of directing the 3 rd respondent to

consider Ext.P1 within a time frame.

Therefore, this writ petition is disposed of with the

following directions.

1) The 3rd respondent is directed to consider and pass appropriate orders in 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 certified copy of this judgment.

2) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 3rd respondent for compliance.

3) If the 3rd respondent is not a competent authority, the 3rd respondent is free to forward the same to the competent authority and the competent authority will pass orders as directed above.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.22847 of 2023

APPENDIX OF WP(C) 22847/2023

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE APPLICATION DATED 02-03-

2022 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT ALONG WITH RELEVANT DOCUMENTS

Exhibit P2 COPY OF COMMUNICATION NO.DCPTA/4943/2022-B4 DATED 09-03-2023 ISSUED BY THE THIRD RESPONDENT TO RESPONDENTS 4 TO 6

Exhibit P3 COPY OF THE REPLY NUMBER DCPTA / 5948/2022-B4 DATED 26-12-2022 FROM STATE PUBLIC INFORMATION OFFICER AND JUNIOR SUPERINTEND B SECTION TO PADMA KUMAR, EDAKKUNNATHU, EDAKKULAM, RANNI

Exhibit P 4 PETITIONER IS PRODUCING A STANDARD FORMAT OF TRAINING CERTIFICATE DATED 26-11-2021 ISSUED BY DR. V.C. JAMES

Exhibit P 5 COPY OF INTERIM ORDER DATED 21-06-2022 PASSED IN W.P (C )19708/2022

Exhibit P 6 COPY OF INTERIM ORDER DATED 21-12-2022 PASSED IN W.P (C) 19708/2022