Kerala High Court
Jaya Nair vs State Of Kerala on 12 June, 2025
WP(C) NO. 35456 OF 2024
1
2025:KER:41539
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
WP(C) NO. 35456 OF 2024
PETITIONER:
JAYA NAIR,
AGED 51 YEARS
ADVOCATE,W/O. RAJEEV YADAV,
76/1308, B- CROSS-15, BHAGAT SINGH ROAD,
PETTAH, THIRUVANANTHAPURAM, PIN - 695024
BY ADVS.
SHRI.A.DINESH RAO
SHRI.YOHAAN KAITHARA XAVIER
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 LAND REVENUE COMMISSIONER,
PUBLIC OFFICE BUILDING, VIKAS BHAVAN
P.O.,THIRUVANANTHAPURAM, KERALA, PIN - 695033
3 THE DISTRICT COLLECTOR,
COLLECTORATE OFFICE, KUDAPANAKUNNU
P.O.,THIRUVANANTHAPURAM,
KERALA, PIN - 695043
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35456 OF 2024
2
2025:KER:41539
MOHAMMED NIAS C.P., J
=========================
W.P(C) No. 35456 of 2024
=========================
Dated this the 12th day of June, 2025
JUDGMENT
The petitioner, an advocate enrolled with the Bar Council of
Kerala, applied for an arms license for possessing a Hand Gun
(Revolver/Pistol of non-prohibited Bore) before the 3 rd respondent, as
seen from Ext.P5 dated 05.08.2020. The application was rejected
through Ext.P9, finding that the grant of an arms licence on the
apprehension of threats from the local goons and neighbours is
dangerous and that the applicant lacked the presence of mind that is
necessary to deal with such deadly arms.
2. The petitioner had preferred Ext.P10 appeal before the Land
Revenue Commissioner, which was also rejected through Ext.P11 order
dated 29.05.2023 confirming the findings in Ext.P9. The petitioner
carried a further appeal to the government, as seen from Ext.P12,
which was rejected by Ext.P13 dated 30.03.2024. The orders of rejection
WP(C) NO. 35456 OF 2024
2025:KER:41539
are impugned in this writ petition.
3. The learned Counsel for the petitioner challenging the
impugned order relied on the judgment of this Court in Chandran Nair
C. v. Additional District Magistrate, Kasaragod and Others 2015 (1) KHC
351 and Sebastian Kuruvila v. Land Revenue Commissioner 2023 KHC
9449 contended that it is only when a person apprehends that the
machinery of the State may not come to his aid to protect his life and
property, he or she applies for a licence under the Act. When the
applicant feels that there is a threat to his life and property, there is no
reason for the State to risk his life and property. The issue of licenses
for possessing deadly arms should be done with great care and caution
and with greater circumspection. But that does not mean that the
authorities under the Statute can act otherwise than in accordance
with the Statute. If the intention is to prevent abuse of the use of the
licensed weapons, adequate provisions are made in Section 14 of the
Act to take care of such situations and the said objective has to be
achieved in accordance with the provisions of the Act. and that an
applicant for licence or for renewal of licence under the Act need not
WP(C) NO. 35456 OF 2024
2025:KER:41539
establish that there exists threat to the life or property to get the
licence applied for or to get the existing licence renewed.
4. The reasons stated in the impugned orders are that there
was no requirement for an arms licence since there is no threat to the
life or property of the petitioner. Secondly, the petitioner is incapable
of handling an arm. As regards the first aspect, this Court found in the
judgments referred to above, the applicant need not, as such, establish
that there exists a threat to life or property to get the licence applied
for. It is not the requirement of the law that only on establishing the
imminent threat the life or property, an arms licence is liable to be
granted.
5. The second reason stated by the District Magistrate for
refusing the grant of an arm licence was by stating that the petitioner
was not fit for handling deadly arms. The petitioner points out with
respect to Ext.P18, which is a membership in Thiruvananathapuram
District Rifle Association granted pursuant to Ext.P17 application made
by the petitioner and Ext.P1, a Military Training certificate issued to
her, that the said reasoning is without any rhyme or reason.
WP(C) NO. 35456 OF 2024
2025:KER:41539
6. Taking note of the fact that the petitioner is stated to be a
member of the District Rifle Association, and that no materials exist on
record to support the findings in Ext.P9 that the petitioner is incapable
of handling deadly arms, I am inclined to set aside the orders impugned
and direct the 3rd respondent to reconsider Ext.P5 application
submitted by the petitioner, with notice to the petitioner, and based on
the observations made above and in terms of the Arms Act and the
rules thereof. A fresh decision shall be taken as directed above within
three months from the date of receipt of a copy of the judgment.
The impugned order is quashed, and the writ petition is
allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
WP(C) NO. 35456 OF 2024
2025:KER:41539
APPENDIX OF WP(C) 35456/2024
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE MILITARY TRAINING
CERTIFICATE ISSUED BY THE PRINCIPAL OF THE
BHONSALA MILITARY COLLEGE
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED
BY THE PRINCIPAL OF THE COLLEGE AND DATED
19.02.2000
EXHIBIT P3 TRUE COPY THE CERTIFICATE OF NATIONAL WOMEN
EXCELLENCE AWARD 2009 PRESENTED TO THE
PETITIONER ON 25-11-2009
EXHIBIT P4 T.RUE COPY OF THE CERTIFICATE OF EXPERIENCE
DATED 30.05.2018 ISSUED BY THE TRIVANDRUM BAR
ASSOCIATION
EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER IN FORM S-4 BEFORE THE 3RD
RESPONDENT AND DATED 05,08.2020
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 14-05-2023
IN CRL.M.P.NO. 1255/2023 FILED BY THE
PETITIONER BEFORE THE ADDL. CJM COURT,
TRIVANDRUM
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 09-08-2023
PASSED BY THE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, TRIVANDRUM IN C.M.P.NO. 1255/
EXHIBIT P8 TRUE COPY OF THE FIR NO. 0935/ 2023 OF PETTAH
POLICE STATION, THIRUVANANTHAPURAM DATED
01.09.2023
EXHIBIT P9 TRUE COPY OF THE ORDER NO. A8-278554/2020
DATED 23.09.2021, ISSUED BY, THE 3RD
RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE APPEAL PETITION DATED 08-10-
2021 FILED BY THE PETITIONER BEFORE THE LAND
REVENUE COMMISSIONER/2ND RESPONDENT
EXHIBIT P11 TRUE COPY OF THE ORDER NO.
LR/33646/2020/LR(A2) ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER AND DATED
29.05.2023
EXHIBIT P12 TRUE COPY OF THE ADDITIONAL STATEMENT DATED
08.11.2023 SUBMITTED BY THE PETITIONER HEREIN
BEFORE THE LST RESPONDENT
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 30-03-2024
PASSED BY THE LST RESPONDENT
WP(C) NO. 35456 OF 2024
2025:KER:41539
EXHIBIT P14 TRUE COPY OF THE DECISION REPORTED IN 2023
KHC 9449
EXHIBIT P15 TRUE COPY OF THE ORDER NO,D6-150760/2021/PHQ
DATED 23.03.2022 ISSUED BY STATE POLICE CHIEF
EXHIBIT P16 TRUE COPY OF THE NON-INVOLVEMENT CERTIFICATE
ISSUED BY THE KERALA POLICE AND DATED
30/09/2024
EXHIBIT P17 TRUE COPY OF THE MEMBERSHIP APPLICATION FORM
SUBMITTED BY THE PETITIONER BEFORE THE
THIRUVANANTHAPURAM DISTRICT RIFLE ASSOCIATION
AND DATED 1/10/2024
EXHIBIT P18 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
THIRUVANANTHAPURAM DISTRICT RIFILE
ASSOCIATION
// True Copy // PA To Judge
