Shafeer Pulath vs The District Magistrate
2024 Latest Caselaw 10442 Ker

Kerala High Court

Shafeer Pulath vs The District Magistrate on 11 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024/22ND CHAITHRA, 1946
                WP(C) NO. 15071 OF 2024
PETITIONER:

         SHAFEER PULATH,
         AGED 39 YEARS,
         S/O. PULATH CHEKKU,
         PULATH HOUSE KARAKUNNU.P.O.,
         MALAPPURAM DISTRICT, PIN - 676123

         BY ADVS.
         SAJI KURIACHAN
         M.R.NANDAKUMAR
         JAYAPRAKASH NARAYANAN
         ARJUN ANIL


RESPONDENT:

         THE DISTRICT MAGISTRATE,
         OFFICE OF THE DISTRICT MAGISTRATE,
         CIVIL STATION P.O.,
         MALAPPURAM DISTRICT, PIN - 676505

         BY ADV.
         SMT.REKHA C. NAIR, SR. GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.15071/2024
                                :2:




                         JUDGMENT

Dated this the 11th day of April, 2024

The petitioner, who has applied for a fresh Arms

Licence under the Arms Act, 1959 has filed this writ petition

seeking to direct the respondent to grant Arms Licence to

the petitioner to possess gun as requested for under the

Arms Act and Rules for a period of five years.

2. Ext.P1 is an application for Arms Licence

submitted by the petitioner under Rule 11 of the Arms

Rules. Ext.P1 is seen to have been submitted on

10.05.2022. Ext.P1 being a statutory application, the

Competent Authority has to consider the same, if the same

is received and pending along with all requisite documents.

3. The counsel for the petitioner would submit that

all statutory authorities have recommended grant of licence

to the petitioner and the only document pending was

submission of Training Certificate. Now, the petitioner has

obtained and submitted Ext.P2 Training Certificate from an

Accredited Trainer.

Taking into consideration all the afore facts, the

writ petition is disposed of directing that the respondent

shall consider Ext.P1 application, if the same is received

and pending along with all supporting documents and pass

appropriate orders thereon within a period of three months.

While considering the application, the respondent shall also

advert to Ext.P3 judgment.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 15071/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPLICATION FOR GRANT OF ARMS LICENSE DATED 10-05-

Exhibit P2 TRUE COPY OF THE TRAINING CERTIFICATE DATED 03-04-2024 Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 18293 OF 2023 DATED 11-08-2023 Exhibit P4 TRUE COPY OF THE LIFE MEMBER OF THE PALAKKAD DISTRICT RIFLE ASSOCIATION AS MEMBERSHIP NO.422 DATED 29-02- 2023.