Joseph George Alias Jojo George vs State Of Kerala
2024 Latest Caselaw 32672 Ker

Kerala High Court

Joseph George Alias Jojo George vs State Of Kerala on 12 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 36322 and 36710 OF 2024

                                   1




                                                  2024:KER:84119
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR. JUSTICE D. K. SINGH

 TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946

                      WP(C) NO. 36322 OF 2024


PETITIONER:

              VARKEY GEORGE,
              AGED 34 YEARS
              S/O. GEORGE J. MATHEW,POTTAMKULAM HOUSE,KOKKAYAR
              PANCHAYATH,KOOTICKAL P.O.,IDUKKI DISTRICT, PIN -
              686514


          BY ADVS.
          ABRAHAM JOSEPH MARKOS
          V.ABRAHAM MARKOS
          ISAAC THOMAS
          P.G.CHANDAPILLAI ABRAHAM
          JOHN VITHAYATHIL
          ALEXANDER JOSEPH MARKOS




RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,HOME
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR,
          IDUKKI,COLLECTORATE IDUKKI, KUYILIMALA,PAINAV P.O,
          PIN - 685603

    3     THE DISTRICT COLLECTOR,
          KOTTAYAM,COLLECTORATE, KOTTAYAM, KERALA, PIN -
          686002

    4     THE ADDITIONAL DISTRICT MAGISTRATE,
          REVENUE DIVISIONAL OFFICER, COLLECTORATE,IDUKKI, PIN
          - 685603
 WP(C) NO. 36322 and 36710 OF 2024

                                   2




                                                  2024:KER:84119

    5       PRINCIPAL CHIEF CONSERVATOR OF FOREST (WILDLIFE),
            CHIEF WILDLIFE WARDEN,VAZHUTHAKKAD,
            THIRUVANANTHAPURAM, PIN - 695001

    6       THE SUPERINTENDENT OF POLICE,
            IDUKKI, PIN - 685603

    7       THE TAHSILDAR,
            PEERMADE,PEERMADE TALUK OFFICE,AZHUTHA, KERALA, PIN
            - 685531

    8       DIVISIONAL FOREST OFFICER,
            KOTTAYAM,COLLECTORATE, KOTTAYAM, KERALA, PIN -
            686002

    9       RANGE FOREST OFFICER,
            RANGE FOREST OFFICE,ERUMELY, KOTTAYAM, PIN - 686509


            SRI.S. GOPINATHAN-SR.GP


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2024, ALONG WITH WP(C).36710/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36322 and 36710 OF 2024

                                   3




                                                  2024:KER:84119

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR. JUSTICE D. K. SINGH

 TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946

                      WP(C) NO. 36710 OF 2024


PETITIONER:

          JOSEPH GEORGE ALIAS JOJO GEORGE
          AGED 50 YEARS
          S/O. GEORGE J. MATHEW, POTTAMKULAM HOUSE, KOKKAYAR
          PANCHAYATH, KOOTICKAL P.O., IDUKKI DISTRICT, PIN -
          686514


          BY ADVS.
          ABRAHAM JOSEPH MARKOS
          V.ABRAHAM MARKOS
          JOHN VITHAYATHIL
          ISAAC THOMAS
          P.G.CHANDAPILLAI ABRAHAM
          ALEXANDER JOSEPH MARKOS




RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR, IDUKKI
          COLLECTORATE, IDUKKI, KUYILIMALA, IDUKKI TWP,
          KERALA, PIN - 685603

    3     THE DISTRICT COLLECTOR, KOTTAYAM
          COLLECTORATE, KOTTAYAM, KERALA, PIN - 686002

    4     THE ADDITIONAL DISTRICT MAGISTRATE
          REVENUE DIVISIONAL OFFICER, COLLECTORATE IDUKKI, PIN
          - 685603
 WP(C) NO. 36322 and 36710 OF 2024

                                   4




                                                   2024:KER:84119

    5       PRINCIPAL CHIEF CONSERVATOR OF FOREST (WILDLIFE)
            CHIEF WILDLIFE WARDEN, VAZHUTHAKKAD,
            THIRUVANANTHAPURAM, PIN - 695001

    6       THE SUPERINTENDENT OF POLICE, IDUKKI
            CHERUTHONI, IDUKKI, PIN - 685603

    7       THE TAHSILDAR PEERMADE
            PEERMADE, AZHUTHA, KERALA, PIN - 685531

    8       DIVISIONAL FOREST OFFICER, KOTTAYAM
            COLLECTORATE, KOTTAYAM, KERALA, PIN - 686002

    9       RANGE FOREST OFFICER
            RANGE FOREST OFFICE, ERUMELY, KOTTAYAM, PIN - 686509



            SRI.S. GOPINATHAN-SR.GP


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2024, ALONG WITH WP(C).36322/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36322 and 36710 OF 2024

                                  5




                                                  2024:KER:84119
                           JUDGMENT

[WP(C) Nos.36322/2024, 36710/2024]

The petitioners in these two writ petitions are brothers

said to have cardamom and rubber plantations in Kottayam and

Idukki Districts and agricultural land in Tamil Nadu. Both

petitioners have an Armed License for a .22-bore Single-Barrel

Rifle. The petitioners have applied for renewal of their Armed

Licenses as the validity period expired on 09.02.2024. They

request for change of district and a renewal of their license on

29.11.2021.

2. The learned counsel for the petitioners submits that

till date the 2nd respondent, District Collector has not given

consideration for renewal of their the applications.

3. The learned counsel for the petitioners, therefore,

submits that he is confining his argument and prayer for early

disposal of Ext.P2 applications filed by them before the 2 nd

respondent for change of district and renewal of licence.

4. Sri.S.Gopinathan, learned Senior Government

Pleader does not have much objection to such prayer. However, WP(C) NO. 36322 and 36710 OF 2024

2024:KER:84119 he submits that he is not aware of the fact that whether the

petitioners' applications have been already disposed of.

Be that as it may, the writ petitions are disposed of with

direction to the 2nd respondent to consider and make necessary

decisions on Ext.P2 applications of the petitioners,

expeditiously, preferably within two months, in accordance with

law.

Sd/-D. K. SINGH JUDGE

lsn WP(C) NO. 36322 and 36710 OF 2024

2024:KER:84119 APPENDIX OF WP(C) 36710/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ALL-INDIA ARMS LICENSE NO.LN18324A7A25C21 DATED 09.02.1995 FOR .22 BORE SINGLE BARREL RIFLE ISSUED TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE LETTER DATED 29.11.2021 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT REQUESTING FOR REREGISTRATION AND RENEWAL OF ARMS LICENSE

Exhibit P2(a) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 29.11.2021 ALONG WITH ENGLISH TRANSLATION

Exhibit P2(b) TRUE COPY OF THELETTER DATED 14.01.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ALONG WITH ENGLISH TRANSLATION

Exhibit P2(c) TRUE COPY OF THE CHALLAN DATED 01.02.2022 RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT

Exhibit P3 TRUE COPY OF THE LETTER DATED 14.01.2022 ISSUED BY THE 2ND RESPONDENT SEEKING RESPONSE FROM THE 3RD RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE LETTER DATED 23.01.2023 ISSUED BY THE 2ND RESPONDENT TO THE 5TH, 6TH AND 7TH RESPONDENTS ALONG WITH ENGLISH TRANSLATION

Exhibit P4(a) TRUE COPY OF THE LETTER DATED 01.04.2023 ISSUED BY THE 2ND RESPONDENT TO THE 5TH, 6TH AND 7TH RESPONDENTS ALONG WITH ENGLISH TRANSLATION

Exhibit P5 TRUE COPY OF THE LETTER DATED 05.06.2023 ISSUED BY THE PETITIONER TO THE MINSTER OF FOREST SEEKING SPEEDY SUBMISSION OF THE REPORT FROM THE 5TH RESPONDENT

Exhibit P6 TRUE COPY OF THE VERIFICATION REPORT DATED WP(C) NO. 36322 and 36710 OF 2024

2024:KER:84119 21.10.2023 ISSUED BY THE 9THRESPONDENT TO THE 8TH RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P7 TRUE COPY OF THE REPORT DATED 16.02.2024 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 10.03.2016 OF THIS HONOURABLE COURT IN W.P.(C)

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 25.11.2016 OF THIS HONOURABLE COURT IN W.P(C)

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 18.10.2022 OF THIS HONOURABLE COURT IN W.P.(C)

WP(C) NO. 36322 and 36710 OF 2024

2024:KER:84119 APPENDIX OF WP(C) 36322/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ALL-INDIA LICENSE NO.LN18324A7A25C21 DATED 23.11.2021 FOR .22 BORE SINGLE BARREL RIFLE WITH 100 CARTRIDGES ISSUED TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE LETTER DATED 29.11.2021 REQUESTING FOR CHANGE OF DISTRICT AND FOR RENEWAL OF LICENSE ISSUED BY PETITIONER

Exhibit P2(a) TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DATED 29.11.2022 ISSUED BY COLLECTORATE IDUKKI ALONG WITH ENGLISH TRANSLATED COPY

Exhibit P2(b) TRUE COPY OF LETTER DATED 30.01.2022 ISSUED BY 2ND RESPONDENT TO PETITIONER ALONG WITH ENGLISH TRANSLATED COPY.

Exhibit P2(c) TRUE COPY OF CHALLAN DATED 01.02.2022 ISSUED BY THE GOVERNMENT OF KERALA

Exhibit P3 TRUE COPY OF LETTER DATED 30.01.2022 ISSUED BY THE 2ND RESPONDENT TO THE 7TH RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P3(a) TRUE COPY OF THE LETTER DATED 02.02.2022 ISSUED BY 2ND RESPONDENT TO 3RD RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P4 TRUE COPY OF THE LETTER DATED 24.01.2023 ISSUED BY THE 2ND RESPONDENT TO TO THE 5TH, 6TH AND 7TH RESPONDENTS ALONG WITH ENGLISH TRANSLATION

Exhibit P4(a) TRUE COPY OF LETTER DATED 04.04.2023 ALSO ISSUED BY THE 2ND RESPONDENT TO THE 5TH, 6TH AND 7TH RESPONDENTS ALONG WITH ENGLISH TRANSLATION

Exhibit P5 TRUE COPY OF THE LETTER DATED 05.06.2023 ISSUED BY THE PETITIONER TO THE MINSTER OF FOREST

Exhibit P6 TRUE COPY OF THE VERIFICATION REPORT DATED WP(C) NO. 36322 and 36710 OF 2024

2024:KER:84119 21.10.2023 ISSUED BY THE 9TH RESPONDENT TO THE 8TH RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P7 TRUE COPY OF THE REPORT DATED 16.02.2024 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION

Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 10.03.2016 OF THIS HONOURABLE COURT IN W.P.(C)

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 25.11.2016 OF THIS HONOURABLE COURT IN W.P(C)

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 18.10.2022 OF THIS HONOURABLE COURT IN W.P.(C)