Dr. Muhammed Shelin vs The District Magistrate
2024 Latest Caselaw 11019 Ker

Kerala High Court

Dr. Muhammed Shelin vs The District Magistrate on 12 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                WP(C) NO. 15266 OF 2024
PETITIONER:

         DR. MUHAMMED SHELIN,
         AGED 40 YEARS,
         S/O. P.K.IBRAHIMKUTTY,
         PUZHANKARA ILLATH HOUSE,
         VAZHIYAMBALAM,
         KAIPAMANGALAM. P.O.,
         THRISSUR DISTRICT, PIN - 680681

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


RESPONDENT:

         THE DISTRICT MAGISTRATE,
         AYYANTHOLE. P.O.,
         THRISSUR DISTRICT, PIN - 680003

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

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.15266/2024
                                  :2:




                           JUDGMENT

Dated this the 12th day of April, 2024

The petitioner is before this Court seeking the

following reliefs:

"i) Issue a writ of mandamus to the respondent to grant the Arms Licence to the petitioner in the light of Exts.P2 to P4 within a time schedule.

ii) Issue a writ of mandamus or other appropriate writ, direction or order directing the 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."

2. The petitioner states that Ext.P1 application for

issuance of Arms Licence is pending before the respondent

since 25.02.2021. Exts.P2 and P3 reports are given in

favour of the petitioner by the Chief District Police and the

Divisional Forest Officer. The respondent has gathered all

requisite information for issuance of Arms Licence. The

delay is causing considerable difficulty to the petitioner.

3. I have heard the learned counsel for the

petitioner and the learned Government Pleader

representing the respondent.

4. Taking into consideration the facts of the case, I

find that Ext.P1 is an application having statutory support

under the Arms Act and Rules. Therefore, it would be only

appropriate for the respondent to consider the same and

pass orders thereon, if the same is received and pending

supported by all requisite documents.

The writ petition is therefore disposed of directing

the respondent to pass orders on Ext.P1 application, if the

same is pending, within a period of two months.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 15266/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPLICATION FOR GRANT OF ARMS LICENSE DATED 25-02-

Exhibit P2 TRUE COPY OF THE POLICE REPORT DATED 04-10-2021 Exhibit P3 TRUE COPY OF THE FOREST REPORT DATED 03-01-2023 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 26- 07-2022 IN W.P.(C) NO.22284/2022.