Madras High Court
Mariappan vs / on 25 October, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.25409 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.25409 of 2024
and
W.M.P.(MD)No.21556 of 2024
Mariappan ... Petitioner
/Vs./
1.The Principal Secretary / Commissioner of Revenue Administration,
Commissionerate of Revenue Administration
and Disaster Management,
Ezhilgam,
Chennai -5.
2.The District Magistrate / District Collector,
Tirunelveli District,
Tirunelveli.
3.The Inspector of Police,
Nanguneri Police Station,
Nanguneri,
Tirunelveli District. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.25409 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records relating
to the impugned order passed by the 1st respondent in his proceedings in
Proc.No.R.A. 5 (4) / 25263/2021, dated 27.04.2022 and set aside the
same as illegal and consequent direction may be issued to the 2 nd
respondent to return the gun and to renew the gun license in
108/165/TKS within stipulated time.
For Petitioner : Mr.T.A.Ebenezer
For Respondents : Mr.D.Sadiq Raja (R1 & R2)
Additional Government Pleader
Mr.Vaikkam Karunanithi (R3)
Government Advocate
ORDER
This writ petition has been filed challenging the impugned order of
the first respondent dated 27.04.2022 rejecting the petitioner's appeal
which was filed aggrieved by the cancellation of his gun licence issued
by the second respondent.
https://www.mhc.tn.gov.in/judis
2. Heard Mr.T.A.Ebenezer, learned counsel appearing for the
petitioner, Mr.D.Sadiq Raja, learned Additional Government Pleader
appearing for the respondents 1 and 2, and Mr.Vaikkam Karunanithi,
learned Government Advocate appearing for the third respondent.
3. By consent of both parties, this writ petition is taken up for final
disposal at the stage of admission itself.
4. The first and second respondents have cancelled the petitioner's
gun licence on the ground that a criminal case is pending against him.
5. It is now brought to the notice of this Court by the learned
counsel appearing for the petitioner that subsequent to the passing of the
impugned order, criminal case which was earlier pending against the
petitioner has now ended in acquittal by the learned Judicial Magistrate,
Nanguneri in CC No.459 of 2020 by judgment dated 28.03.2023. The
judgment dated 28.03.2023 passed by the learned Judicial Magistrate,
Nanguneri in CC No.459 of 2020 has also been placed on record.
https://www.mhc.tn.gov.in/judis
6. Since the first and second respondents have not considered the
fact that the criminal case, which was earlier pending against the
petitioner has ended in acquittal, necessarily the impugned order passed
by the first respondent has to be quashed and the matter has to be
remanded back to the first respondent for fresh consideration, in the light
of the judgment passed by the criminal Court acquitting the petitioner,
within a time frame to be fixed by this Court.
7. For the foregoing reasons, the impugned order dated
27.04.2022 passed by the first respondent is hereby quashed and the
matter is remanded back to the first respondent for fresh consideration on
merits and accordance with law, after giving due consideration to the fact
that the criminal case which was earlier pending against the petitioner in
CC No.459 of 2020 on the file of the learned Judicial Magistrate,
Nanguneri has ended in acquittal by the judgment of the said criminal
Court dated 28.03.2023. The first respondent is directed to pass final
orders within a period of eight weeks from the date of receipt of a copy
of this order.
https://www.mhc.tn.gov.in/judis
8. With the above direction, this writ petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
25.10.2024
Index : Yes / No
NCC : Yes / No
sm
TO:-
1.The Principal Secretary / Commissioner of Revenue Administration,
Commissionerate of Revenue Administration
and Disaster Management,
Ezhilgam,
Chennai -5.
2.The District Magistrate / District Collector,
Tirunelveli District,
Tirunelveli.
3.The Inspector of Police,
Nanguneri Police Station,
Nanguneri,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
Sm
Order made in
Dated:
25.10.2024
https://www.mhc.tn.gov.in/judis
