Citation : 2026 Latest Caselaw 132 Ker
Judgement Date : 7 January, 2026
WP(C) NO. 22742 OF 2025 1 2026:KER:646
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 7th DAY OF JANUARY 2026 / 17TH POUSHA, 1947
WP(C) NO. 22742 OF 2025
PETITIONER:
N B MURALEEDHARAN, AGED 56 YEARS,
S/O BALAKRISHNAN, MSJ PLANTATIONS, POOJAPURA,
SANTHANPARA, IDUKKI, KERALA, PIN - 685619
BY ADVS. SRI.G.RANJU MOHAN
SMT.M.SANTHI (K/868/2011)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 LAND REVENUE COMMISSIONER,
THIRUVANANTHAPURAM (APPELLATE AUTHORITY UNDER THE
ARMS ACT), PUBLIC OFFICE BUILDING, MUSEUM ROAD,
THIRUVANANTHAPUM, PIN - 695033
3 THE DISTRICT COLLECTOR,
DISTRICT COLLECTORATE OFFICE, IDUKKI,
KERALA, PIN - 685603
4 THE SUPERINTENDENT OF POLICE,
DISTRICT POLICE HEADQUARTERS, IDUKKI,
WP(C) NO. 22742 OF 2025 2 2026:KER:646
KERALA, PIN - 685603
THE CHIEF WILDLIFW WARDEN,
5
II FLOOR, VANALAKSHMI, FOREST HEADQUARTERS,
VAZHUTHACAUD, THYCAUD P O,THIRUVANANTHAPURAM,
KERALA, PIN - 695014
SRI. SAJAN T.P., SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 22742 OF 2025 3 2026:KER:646
JUDGMENT
The petitioner challenges Ext.P1 order passed by the
District Collector, rejecting the application for an arms license
under the provisions of the Arms Act and Rules. The said order was
confirmed by the Land Revenue Commissioner in Ext.P2.
2. The impugned orders referred to the objection made by
the Wildlife Warden in terms of Section 34 of the Wild Life
(Protection) Act, 1972.
3. An affidavit has been filed on behalf of the petitioner,
which reads as follows:
"3. The above matter came up for consideration before this Hon'ble Court on 10-12-2025, and this Hon'ble Court was pleased to direct me to file an affidavit undertaking that I shall use the firearm strictly in accordance with the purposes mentioned by the revenue authority in Exhibit P1.
WP(C) NO. 22742 OF 2025 4 2026:KER:646
4. I hereby solemnly undertake before this Hon'ble Court that, if an arms licence is granted to me, I shall use the gun strictly and exclusively for the purposes as specified by the revenue authority in Exhibit P1.
5. I further undertake that I shall not misuse the firearm under any circumstances, shall comply with all statutory provisions, rules, conditions of licence, and directions issued by the licensing authority and other competent authorities from time to time."
The above statements are recorded.
4. In view of the above and based on the undertaking given
by the petitioner that he will use the gun strictly and exclusively for
the purposes specified by the revenue authority, namely the
Tahsildar, Udumbanchola, I am inclined to quash the impugned
orders and direct the third respondent, District Collector, to
reconsider the application strictly in terms of the affidavit filed and
noticed above. Fresh orders, in terms of the Arms Act and Rules,
shall be passed within three months from the date of receipt of a
copy of this judgment. The petitioner shall also be afforded an
opportunity of hearing. It will be open to the petitioner to produce WP(C) NO. 22742 OF 2025 5 2026:KER:646
such materials to substantiate his contentions, which will be
adverted to while passing orders as directed above.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE
DMR/-
WP(C) NO. 22742 OF 2025 6 2026:KER:646
APPENDIX OF WP(C) NO. 22742 OF 2025
PETITIONER'S EXHIBITS
TRUE COPY OF THE ORDER NO
Exhibit P1 DCIDK/7594/2022-E2 DATED 18-11-2023.
Exhibit P2 TRUE COPY OF THE ORDER DATED 14-11-2024
(FILE NO. 1174/2024-LR(A2))
// TRUE COPY //
P.A. TO JUDGE
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