Citation : 2025 Latest Caselaw 7005 Ker
Judgement Date : 20 June, 2025
2025:KER:44409
WP(C) NO.46099 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
WP(C) NO. 46099 OF 2024
PETITIONER/S:
AFSAL RAHMAN N A,
AGED 27 YEARS
SYEED HOUSE, NANDANKIZHAYA, ANAMARI POST,
MUTHALAMADA II, PALAKKAD, PIN - 678506
BY ADVS.
SHRI.K.S.ARUN KUMAR
SMT.RAJI T.BHASKAR
SHRI.VIJAY SANKAR V.H.
SMT.AMRUTHA K P
SMT.AMRUTHA P S
SHRI.JERIN JOSEPH
SMT.AMRUTHA P.S.
SHRI.DEVARAJ SUBRAMANIAN
SHRI.SABER KHAN K.
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY SECRETARY,
HOME APARTMENT,GOVERNMENT OF KERALA, SECRETARIAT
ANNEX, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
PALAKKAD DISTRICT,CIVIL STATION, PALAKKAD, PIN -
678001
3 TAHSILDAR,
TALUK OFFICE,CHITTUR,PALAKKAD, PIN - 678101
2025:KER:44409
WP(C) NO.46099 OF 2024
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4 THE DIVISIONAL FOREST OFFICER,
OFFICE OF THE DIVISIONAL FOREST OFFICER, NENMARA,
PALAKKAD, PIN - 678508
5 DISTRICT POLICE CHIEF,
DISTRICT POLICE OFFICE, PALAKKAD, PIN - 678001
SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:44409
WP(C) NO.46099 OF 2024
3
MOHAMMED NIAS C. P. , J.
.................................................
W. P. (C) No.46099 OF 2024
.......................................................
Dated this the 20th day of June, 2025
JUDGMENT
The petitioner's application for an Arms licence in Form-III under the
provisions of the Arms Act and Rules was rejected by the District Collector,
Palakkad, on 26.06.2023, against which the petitioner had preferred an
appeal before the Land Revenue Commissioner. The appeal was allowed by
orders dated 29.01.2024, remitting the matter to the District Magistrate.
2. The grievance of the petitioner is that after the order of remand,
the original authority has not passed fresh orders as directed in the appeal
referred to above.
3. Under such circumstances, there will be a direction to the 2 nd
respondent to pass orders on the application preferred by the petitioner as
directed in Ext.P8 order by the Land Revenue Commissioner, in accordance
with law and with notice to the petitioner within two months from the date
of receipt of a copy of this judgment. All the contentions of the petitioner
are left open.
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WP(C) NO.46099 OF 2024
The writ petition is disposed of as above.
SD/-
MOHAMMED NIAS C.P., JUDGE JJ 2025:KER:44409
WP(C) NO.46099 OF 2024
APPENDIX OF WP(C) 46099/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION FOR FRESH ARMS LICENCE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE REPORT NO.
TLKCTR/10087/2022-B1 DATED 05.07.2022 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE REPORT NO. R-4589/2022 DATED 23.08.2022 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE REPORT NO. D4- 6180/2023/P DATED 07.03.2023 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE CERTIFICATE OF MEMBERSHIP IN THE PALAKKAD DISTRICT RIFLE ASSOCIATION OF THE PETITIONER DATED 26.11.2022 Exhibit P6 A TRUE COPY OF THE ORDER NO.
DCPKD/6432/2022-D2 DATED 26.06.2023 OF THE 2ND RESPONDENT, REJECTING THE APPLICATION FOR GUN LICENCE OF THE PETITIONER Exhibit P7 A TRUE COPY OF THE APPEAL LR NO.
9673/2023 FILED BY THE PETITIONER BEFORE THE HON'BLE APPELLATE AUTHORITY, THIRUVANANTHAPURAM DATED 07.08.2023 Exhibit P8 A TRUE COPY OF THE ORDER NO.
LR/9376/2023-LR(A5) DATED 29.01.2024 OF THE HON'BLE APPELLATE AUTHORITY, THIRUVANANTHAPURAM Exhibit P9 A TRUE COPY OF THE REPORT NO. D4- 20448/2024/P DATED 02.06.2024 Exhibit P10 A TRUE COPY OF THE COMMUNICATION NO.
DCPKD/6432/2022-D2 DATED 25.06.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P11 A TRUE COPY OF ORDER NO. DCKKD/2326/2023- D3 DATED 14.06.2024 OF THE KOZHIKODE DISTRICT MAGISTRATE GRANTING GUN LICENCE TO ONE MR. SIJO JOSE HAVING FORM S-1 2025:KER:44409
WP(C) NO.46099 OF 2024
CERTIFICATE ISSUED BY THE SAID DILEEP KUMAR P.S. Exhibit P12 A TRUE COPY OF THE REPRESENTATION DATED 03.09.2024, SENT BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P13 A TRUE COPY OF THE COMMUNICATION NO.
DCPKD/6432/2022-D2 DATED 26.09.2024 SENT BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P14 A true copy of the reply dated 07/05/2025, issued by the State Public Information Officer to one Mr Joshy Antony Exhibit P15 A true copy of the training certificate produced by one Mr Sibin Philipose for obtaining gun license Exhibit P16 A true copy of the Communication No. F1/296/2023/Home dated 18/12/2023, issued by the 1st respondent to the 2nd respondent Exhibit P17 A true copy of G.O. (Rt) No. 757/2024/HOME dated 13/03/2024 issued by the 1st respondent Exhibit P18 A true copy of the Order No. DCPKD/7385/2020-d2, dated 15/03/2024
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