Kerala High Court
Harikumar G vs The District Collector & District ... on 25 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 24806 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 24806 OF 2023
PETITIONER/S:
HARIKUMAR G, AGED 54 YEARS, S/O. LATE GOPALAKRISHNA PILLAI,
RADHAKRISHNA MANGALAM (HARITHA SADANAM),KUZHIYAM,
CHEMMAKKADU P.O., PERINADU, KOLLAM DISTRICT, PIN - 691601
BY ADVS. MATHEW KURIAKOSE; T.G.SUNIL (PERUMBAVOOR); K.R.ARUN;
C.N.PRAKASH; MONI GEORGE; J.KRISHNAKUMAR (ADOOR); SHAJI P.K.
RESPONDENT/S:
1 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE,
KOLLAM, CIVIL STATION, KOLLAM, PIN - 691013
2 THE DEPUTY COLLECTOR (GENERAL) AND ADDITIONAL DISTRICT
MAGISTRATE,
KOLLAM,CIVIL STATION, KOLLAM, PIN - 691013
3 THE DISTRICT POLICE CHIEF, KOLLAM,
OFFICE OF THE DISTRICT POLICE CHIEF,KOLLAM, PIN - 691001
4 THE SUPERINTENDENT OF POLICE (RURAL), KOTTARAKKARA,
OFFICE OF THE SUPERINTENDENT OF POLICE
(RURAL),KOTTARAKKARA,KOLLAM, PIN - 691531
5 THE DEPUTY SUPERINTENDENT OF POLICE, SASTHAMKOTTA,
OFFICE OF THE DEPUTY SPERINTENDENT OF POLICE,SASTHAMKOTTA,
KOLLAM, PIN - 691521
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6 THE STATION HOUSE OFFICER,
KUNDARA POLICE STATION, NH744, ELAMPALLOR, KUNDARA, PIN - 691501
OTHER PRESENT:
SRI.BINOY DAVIS-GP
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 25.09.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner was serving in the Border Security Force and
retired as an Assistant Sub Inspector in 2014. While he was in
service, he procured an Arms license and purchased a 0.32-bore
revolver along with cartridges. The validity of the Arms license is
up to 12.04.2025.
2. After retiring from service, the petitioner settled in
Kollam District. On 13.11.2017, the petitioner moved an
application before the District Collector and District Magistrate,
Kollam/1st respondent, for re-registering the Arms license within
the jurisdiction of the 1st respondent as the petitioner has started
living within the jurisdiction of Kollam District.
3. According to the averments in the writ petition, no
action was taken on the said application, and therefore, the
petitioner had moved another application on 16.11.2022 before
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the 1st respondent for re-registering his Arms license. On the said
application, the 2nd respondent had passed the impugned order in
Ext.P3 rejecting the application of the petitioner. One of the
grounds taken for rejecting the application for re-registering the
Arms license of the petitioner is that in the Police report, it has
been stated that there is no threat to the life, liberty and property
of the petitioner. The other ground is that the petitioner is
working as a Gunman for providing Cash Van Security, the license
was issued for self-protection, and the petitioner wants to use the
license for employment. Therefore, there was no ground for re-
registering the Arms License in the Kollam District.
4. Rule 17 of the Arms Rules 2016 prescribes the procedure
and power for registration of a license with an outside licensing
authority and change of address with the existing licensing
authority. Rule 17 on reproduction would read as under:
"17. Registration of licence with an outside licensing authority
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and change of address with existing licensing authority.─ (1) If a
person who holds a licence in Form III changes his place of
residence, permanently, or temporarily for a period of more than
six months, and carries with him the arms covered by the licence, to
a place falling, other than within the jurisdiction of the existing
licensing authority indicated in the licence, he shall, immediately
before the expiry of a period of six months, send intimation about
such change to the licensing authority of the place of his new
residence and shall on demand, forthwith produce the licence and
the arm or arms to the new licensing authority by applying in Form
B-1 and indicating there in the particulars of his new residence. (2)
The licensing authority of the new place of residence of the licensee
on receiving an application in Form B-1 under sub-rule (1), shall
within a period of fifteen days, register the licensee in the NDAL
system whereby the UIN of the licensee shall stand activated and
transferred to its jurisdiction and deactivated from the records of
the original licensing authority or the last renewing authority as the
case may be and thereupon a new licence book shall be issued to the
licensee and such new authority shall be the licensing or the
renewing authority in relation to the said licence.
(3) Where the licensee changes his permanent place of residence
within the jurisdiction of the existing licensing authority, he shall
forthwith inform the same to the licensing authority with the proof
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of his new place of residence and if such change has resulted in
change of jurisdiction of police station, along with information of
the police station of his new place of residence and the licensing
authority shall within a period of fifteen days, register the change
of residence of the licensee in the NDAL system whereby the UIN of
the licensee 15 shall stand activated under the new police station
and de-activated from that of the last police station."
4.1 From the perusal of the aforesaid Rule it is evident that
if the person who holds an Arms licence changes his place of
residence, permanently or temporarily for a period of more than
six months, and carries with him the arms covered by the licence,
to a place in the jurisdiction of the other licensing authority, he is
required to intimate his change of residence to the licensing
authority of the place where he has started residing before the
expiry of a period of six months. On such intimation, the new
licensing authority, where the licensee has started staying, is
required to take steps within a period of 15 days from the receipt
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of the application to register the license in the NDAL system
whereby the UIN of the licensee should stand activated and
transferred to the jurisdiction of the new licensing authority and
get deactivated from the record of the original licensing authority
or the record of the last renewing authority as the case may be.
After this, a new licence book is required to be issued to the
licensee, and thereafter, the new licensing authority would be the
renewing authority in respect of the said licence.
5. From the aforesaid, it is evident that the grounds taken
by the licensing authority for refusing to re-register the
petitioner's Arms license are wholly untenable. There is no
requirement for any Police report or the fact that the petitioner
cannot use the arms in the employment. Both the grounds are
outside the purview of Rule 17. Therefore, this Court finds that
the grounds taken for refusing to re-register the license are not
tenable.
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6. In view thereof, the impugned order is set aside. The
matter is remitted back to the files of the 2nd respondent for fresh
consideration of the petitioner's application to re-register his
Arms licence within the jurisdiction of the licensing authority of
Kollam District, in accordance with Rule 17 of the Arms Rules 2016.
The writ petition thus stands allowed.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
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APPENDIX OF WP(C) 24806/2023
PETITIONER EXHIBITS
Exhibit P 1 TRUE COPY OF THE RELEVANT PAGES OF THE CERTIFICATE
OF SERVICE OF THE PETITIONER
Exhibit P 2 TRUE COPY OF THE RELEVANT PAGES OF THE ARMS LICENSE
OF THE PETITIONER
Exhibit P 3 TRUE COPY OF THE ORDER DATED 14.07.2023 OF THE 2ND
RESPONDENT AND SERVED ON THE PETITIONER
Exhibit P 4 TRUE COPY OF THE CIRCULAR DATED 19.11.2014 ISSUED BY
THE MINISTRY OF HOME AFFAIRS OF THE UNION
GOVERNMENT TO THE PRINCIPAL SECRETARY (HOME) OF
THE GOVERNMENT OF KERAL
Exhibit P 5 TRUE COPY OF THE CIRCULAR DATED 08.12.2014 ISSUED BY
THE GOVERNMENT OF KERALA
Exhibit P 6 TRUE COPY OF THE ORDER DATED 29.07.2021 ISSUED BY THE
1ST RESPONDENT
Exhibit P 7 TRUE COPY OF THE JUDGEMENT DATED 25.11.2015 IN W.P.
(C) NO. 35583 OF 2015 OF THIS HON'BLE COURT
Exhibit P 8 TRUE COPY OF THE JUDGEMENT DATED 12.10.2020 IN W.P.
(C) NO. 14246 OF 2020 OF THIS HON'BLE COURT
Exhibit P 9 TRUE COPY OF THE INTERIM ORDERS DATED 15.12.2021 IN
Exhibit 10 TRUE COPY OF THE INTERIM ORDERS DATED 15.12.2021 IN
W.P. (C) NO. W.P. (C) NO. 20420 OF 2021
RESPONDENT ANNEXURES
Annexure R2(b) A true copy of circular dated 19-11-2014 issued by Ministry
of Home Affairs of the Union Government
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Annexure R2(c) A true copy of letter No.119272/F1/2013/Home dated 15-01-
Annexure R2(d) A true copy of letter No.65475/F1/2014/hOME dated 08-12-
Annexure R2(a) A true copy of letter No.D2-47147/2022/QR dated 05-01-2023
along with letter No.1414/SB/GL/22 QR dated 22-12-2022
