K.V. Ilyas Babu vs The District Magistrate
2024 Latest Caselaw 9769 Ker

Kerala High Court

K.V. Ilyas Babu vs The District Magistrate on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                    WP(C) NO. 13812 OF 2024
PETITIONER:

         K.V. ILYAS BABU
         AGED 51 YEARS
         S/O. K.V. ABDUL AZEEZ, ROSE VILLA
         KANAKKAYAM.P.O., MALAPPURAM DISTRICT,
         PIN - 676509

         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 SRI.SREEJITH V.S., GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 04.04.2024,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13812 of 2024
                              2




                         JUDGMENT

Dated this the 4th day of April, 2024

The petitioner, who is a member of the Malappuram

District Sprots Council Rifle Club, has filed an application

under Section 3(2) of the Arms Act, 1959 in Form B-2 for an

additional weapon to the existing licence.

2. The petitioner submits that the additional weapon is

required for sports purpose. The respondent has not taken

any decision so far on the application evidenced by Ext.P1.

The petitioner therefore seeks to direct the respondent to

grant licence to the petitioner to possess a gun as required

under the Arms Act and Rules for a further period of five years

from the date of judgment in the above writ petition.

3. The Government Pleader points out that the

petitioner already holds a weapon for self protection and

under the guise of sports requirement, the petitioner has

made an application for additional weapon.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondent.

5. The fact remains that the application submitted by

the petitioner is under Section 3(2) of the Arms Act, 1959 and

application is of a statutory nature. The request of the

petitioner is to consider the application evidenced by Ext.P1,

in the light of Exts.P2 and P3.

Taking into consideration the facts of the case, the writ

petition is disposed of directing the respondent-District

Magistrate to consider and pass orders on the application for

additional weapon submitted by the petitioner within a period

of four months, after granting opportunity of hearing to the

petitioner.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 13812/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT DATED 05-12- 2023 ISSUED BY THE RESPONDENT Exhibit P2 TRUE COPY OF RIFLE DUB MEMBERSHIP NO, 1/SC/R/2021 OF MALAPPURAM DISTRICT SPORTS COUNCIL DATED NIL Exhibit P3 TRUE COPY OF THE LIFE MEMBER OF THE PALAKKAD DISTRICT RIFLE ASSOCIATION AS MEMBERSHIP NO.453 DATED 24-03-2024 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 23-02-