S. SOMARAJAN V. UNION OF INDIA

WP(C)/41434/2023

AI Insights

The case involves S. Somarajan, the petitioner, who applied for a gun license (Ext.P1) with the 3rd respondent, the Deputy Collector (General) and Additional District Magistrate, Kollam. The application was initially rejected due to an insufficient training certificate (Ext.P7). After a previous judgment (Ext.P8) directed the 3rd respondent to reconsider the application based on a government letter, the application was again rejected (Ext.P9). Dissatisfied, the petitioner filed an appeal (Ext.P10) against the rejection, seeking a directive for the 2nd respondent, the Land Revenue Commissioner, to dispose of the appeal within a specified timeframe.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 686683 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 12-12-2023
• Assessment Year: misc
• Laws Referred To: Arms Act, 1959
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: BIMAL NATH
• Assessee Lawyers: P MOHANDAS; SABU PULLAN; GOKUL SUDHAKARAN; R KRISHNAN; BHARATH MOHAN; K P SATHEESAN
• Keywords: Appeal; Disposal of Appeal; Gun licence; Training certificate
• Section: 18

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 12TH DAY OF DECEMBER 2023 / 21ST AGRAHAYANA, 1945 WP(C) NO. 41434 OF 2023 PETITIONER: S. SOMARAJAN, AGED 67 YEARS S/O. SADANANDAN, THARAMEL PUTHENVEEDU, ARINALLOOR P.O., KOLLAM, PIN - 690538 BY ADVS. P.MOHANDAS (ERNAKULAM) SABU PULLAN GOKUL D. SUDHAKARAN R.BHASKARA KRISHNAN BHARATH MOHAN K.P.SATHEESAN (SR.) RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI, PIN - 110001 2 THE LAND REVENUE COMMISSIONER OFFICE OF THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE, THIRUVANANTHAPURAM, PIN - 695033 3 THE DEPUTY COLLECTOR (GENERAL) AND ADDITIONAL DISTRICT MAGISTRATE LICENSING AUTHORITY UNDER THE ARMS ACT 1959, CIVIL STATION, KOLLAM, PIN – 691013 R BY GP ADV.BIMAL K.NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 41434 OF 2023 : 2 : JUDGMENT The petitioner submitted Ext.P1 application for gun licence before the 3rd respondent along with relevant documents including Ext.P2 training certificate. During the pendency of the same, the 3rd respondent informed the petitioner vide Ext.P7 that the training certificate produced by him is not sufficient. Thereupon, he approached this Court and by Ext.P8 judgment, this Court directed the 3rd respondent to consider Ext.P1 application of the petitioner on the basis of the Government letter No.F1-432/2022 dated 08.03.2023. Pursuant to Ext.P8, the 3rd respondent considered the application of the petitioner and rejected the same by Ext.P9 order. The petitioner contends that Ext.P9 order has been passed in total disregard to the directions in Ext.P8 judgment. Against Ext.P9, the petitioner WP(C) NO. 41434 OF 2023 : 3 : preferred Ext.P10 appeal before the 2nd respondent under Section 18 of the Arms Act, 1959. The limited prayer of the petitioner is for a direction to the 2nd respondent to dispose of Ext.P10 appeal within a time frame. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. Since Ext.P10 is a statutory appeal preferred against Ext.P9, there will be a direction to the 2nd respondent to consider and dispose of Ext.P10, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 41434 OF 2023 : 4 : APPENDIX PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 1- 9-2022 Exhibit -P2 TRUE COPY OF THE TRAINING CERTIFICATE ISSUED BY THE 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 AADHAR 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/10483/2023-M3 DATED 23-09-2022 ISSUED BY THE 3RD RESPONDENT Exhibit -P8 TRUE COPY OF THE JUDGMENT DATED 1-8-2023 IN W.P.(C)NO. 32315/2022 Exhibit -P9 TRUE COPY OF THE ORDER NO. DCKLM/10483/2022-M3 DATED 17-11-2023 ISSUED BY THE 3RD RESPONDENT Exhibit -P10 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1- 12-2023 "