S. Somarajan and Muhammed Hameem V. Union of India and The Additional Chief Secretary Home Department and The State Police Chief and The District Collector and District Magistrate

WP(C)/32315/2022

AI Insights

The case involves two writ petitions, WP(C) No. 32315 of 2022 and WP(C) No. 36909 of 2022, filed by S. Somarajan and Muhammed Hameem respectively, challenging the stipulation that training for arms licenses must be under the police's guidance. Both petitioners had undergone training with accredited private trainers and faced issues in obtaining their arms licenses due to this stipulation. The government, upon review, decided that licenses could be issued based on training certificates from accredited private trainers, which led to the court's decision to direct the authorities to reconsider the petitioners' applications accordingly.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 801801 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 01-08-2023
• Assessment Year: misc
• Laws Referred To: Arms Act 1959
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: R KUMAR; A SALINI
• Assessee Lawyers: P MOHANDAS; SABU PULLAN; GOKUL SUDHAKARAN; R KRISHNAN
• Keywords: Arms licence; Training certificate; Accredited Trainer/Master Accredited Trainer
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 32315 OF 2022 PETITIONER: S. SOMARAJAN AGED 67 YEARS THARAMEL PUTHENVEEDU, ARINALLOOR P.O., KOLLAM, PIN - 690538 BY ADVS. P.MOHANDAS (ERNAKULAM) SABU PULLAN GOKUL D. SUDHAKARAN R.BHASKARA KRISHNAN RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI, PIN - 110001 2 THE ADDITIONAL CHIEF SECRETARY HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 THE STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010 4 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE LICENSING AUTHORITY UNDER THE ARMS ACT 1959, CIVIL STATION, KOLLAM, PIN - 691013 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, ALONG WITH WP(C).36909 of 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos.32315/2022 2 & 36909/2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 36909 OF 2022 PETITIONERS: MUHAMMED HAMEEM AGED 34 YEARS S/O KUTTY HASSAN, PARAYANGATT HOUSE, KODIYATHUR, CHERUVADI, KOZHIKODE. BY ADVS. R.SUNIL KUMAR A.SALINI LAL RESPONDENTS: THE DISTRICT MAGISTRATE,KOZHIKODE, COLLECTORATE, KOZHIKODE-673020. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, ALONG WITH WP(C).32315/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos.32315/2022 3 & 36909/2022 J U D G M E N T W.P.(C) No.32315 of 2022 is filed challenging Ext.P8 and other consequential orders wherein a stipulation has been made for issuance of armed licence that the licensee should undergo training under a licensing authority of the police before issuance of the arms licence. 2. In W.P.(C) No.36909 of 2022 also similar grievance was raised and the petitioner has taken a specific contention that he has undergone training under an Accredited trainer at District Rifle Association and certificate in this regard has been produced as Ext.P2 and that because of the insistence that training should be under the guidance of the police authorities, licence has not been issued to the petitioner. 3. When the matter was taken up for consideration, learned Government Pleader upon instructions submits that the Government has considered the mater and taken a decision that the arms licence should be issued on the basis of a training W.P.(C) Nos.32315/2022 4 & 36909/2022 certificate issued by the Accredited Trainer/Master Accredited Trainer. In view of the intervening circumstances, I am of the opinion that the above writ petition could be disposed of directing to consider the applications submitted by the petitioners in W.P. (C) No.36909 of 2022 and W.P.(C) No.32315 of 2022 on the basis of the decision of the Government in the letter No.F1/432/22 dated 08.03.2023. Therefore, application submitted by the petitioners for issuance of an armed licence now pending before the District Collector concerned shall be considered in accordance with law on the strength of a training certificate issued by the Accredited Trainer/Master Accredited Trainer as stated in the letter issued by the Government dated 08.03.2023. Decision in this regard shall be taken and communicated to the petitioners within a period of one month from the date of receipt of a copy of this judgment. (sd/-)VIJU ABRAHAM, JUDGE jsr/ W.P.(C) Nos.32315/2022 5 & 36909/2022 APPENDIX OF WP(C) 32315/2022 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 1-9-2022 Exhibit-P2 TRUE COPY OF THE TRAINING CERTIFICATE ISSUED BY CHERIAN K. KALARIKKAL DATED 30-08-2022 Exhibit-P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER DATED 28-08-2022 Exhibit-P4 TRUE COPY OF THE PAN CARD ISSUED BY INCOME TAX DEPARTMENT, GOVERNMENT OF INDIA Exhibit-P5 TRUE COPY OF THE ADHAR CARD OF THE PETITIONER Exhibit-P6 TRUE COPY OF THE CHALAN RECEIPT ISSUED FROM THE DISTRICT TREASURY, KOLLAM DATED 1-9-2022 Exhibit-P7 TRUE COPY OF THE COMMUNICATION NO. DCKLM/10483/2022-M3 DATED 23-09-2022 ISSUED BY THE 4TH RESPONDENT Exhibit-P8 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT AS G.O. (RT)NO. 2698/2021/HOME DATED 1-10-2021 W.P.(C) Nos.32315/2022 6 & 36909/2022 Exhibit-P9 TRUE COPY OF THE ORDER NO. D6- 150760/2021/PHQ DATED 23-03-2022 ISSUED BY THE 3RD RESPONDENT Exhibit-P10 TRUE COPY OF THE ORDER DATED 29-07-2022 IN W.P.(C)NO. 19708/2022 W.P.(C) Nos.32315/2022 7 & 36909/2022 APPENDIX OF WP(C) 36909/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 28/10/21 RESPONDENT EXHIBITS EXHIBIT R1(a) Letter No F1/432/2022 dated 24-12-2022 by the Additional Chief Secretary,Home (F) Department PETITIONER EXHIBITS Exhibit P2 COPY OF THE TRAINING CERTIFICATE ISSUED BY THE DISTRICT RIFLE ASSOCIATION DATED 5/9/22. "