A.R. Narayanan Arath v. District Police Chief, Thrissur and Others, WP(C) No. 24700 of 2012

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN** **TUESDAY, THE 5[TH] DAY OF JULY 2022 / 14TH ASHADHA, 1944** ## **WP(C) NO. 24700 OF 2012** ## **PETITIONER/S:** **A.R.NARAYANAN ARATH HOUSE MOSQUE ROAD KEEZHUR P.O, KUNNAMKULAM THRISSUR 680 523** **BY ADV SRI.C.A.ANOOP** ## **RESPONDENT/S:** - **1 DISTRICT POLICE CHIEF, THRISSUR – 680 001** - **2 DISTRICT POLICE SUPERINTENDENT THRISSUR 680001** - **3 THAHSILDAR THALAPPILLY TALUK THRISSUR 680 503** - **4 SUB INSPECTOR OF POLICE KUNNAMKULAM THRISSUR 680 503** - **5 DISTRICT COLLECTOR THRISSUR DISTRICT 680 001** - **6 ADDITIONAL DISTRICT MAGISTRATE THRISSUR 680 003** - **7 WILD LIFE WARDEN PEECHI THRISSUR 680 653** - **8 STATE OF KERALA REPRESENTED BY SECRETARY HOME DEPARTMENT TRIVANDRUM 695 001** - ***ADDL.R9 THE LAND REVENUE COMMISSIONER** **PUBLIC OFFICE BUILDING, TRIVANDRUM-695001. (*IS IMPLEADED AS PER ORDER DATED 6.3.17 IN IA NO.3881/17) R BY GP SRI.K.M.FAIZAL** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 24700 OF 2012 ..2..** ## **JUDGMENT** The petitioner was granted Ext.P1 Arms licence by the 6[th] respondent, Additional District Magistrate, Thrissur for self protection. The licence was valid up to 31.12.2009. Before the expiry of the period of the licence, the petitioner filed an application for its renewal. The application for renewal of licence was rejected by the District Magistrate by Ext.P2 order, on the basis of the report of the Superintendent of Police, Thrissur, stating that there is no subsisting threat to the life of the petitioner and therefore, the licence need not be renewed. The petitioner challenged Ext.P2 order before the Land Revenue Commissioner in an appeal filed under Section 18 of the Arms and Ammunition Act,1959 (the 'Arms Act' for short). The Land Revenue Commissioner, by Ext.P3 order, rejected the appeal confirming Ext.P2 **WP(C) NO. 24700 OF 2012 ..3..** order. Challenging Exts.P2 and P3 orders, the petitioner has filed this writ petition. 2. Resisting the contentions of the petitioner, the 6[th] respondent has filed a counter affidavit wherein it is stated that, on receipt of the application of the petitioner for renewal of licence for the gun, reports were called for from the Police as well as the Revenue officials to verify the genuineness of the need raised by the petitioner for renewal of the licence. It is stated that the District Police Chief reported that there is no threat against the petitioner and renewal of licence was not recommended. It is further stated that, in the hearing conducted on 29.07.2011, the petitioner failed to prove that there is threat to his life. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. **WP(C) NO. 24700 OF 2012 ..4..** 4. The learned counsel for the petitioner brought to my notice the decision in **Chandran Nair** v. **Additional District Magistrate** [2015 (1) KLT 41] wherein this Court held that once a licence is granted under the Arms Act, 1959, the same shall be renewed from time to time, unless there exists a ground for refusal as enumerated under Section 14 of the Act. Section 14 of the Arms Act reads as follows: “S.14. Refusal of licences.―(1) Notwithstanding anything in section 13, the licensing authority shall refuse to grant― - (a) a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition; - (b) a licence in any other case under Chapter II,― - (i) where such licence is required by a person whom the licensing authority has reason to believe— - (1) to be prohibited by this Act or by any - other law for the time being in force from **WP(C) NO. 24700 OF 2012 ..5..** acquiring, having in his possession or carrying any arms or ammunition, or (2) to be of unsound mind, or (3) to be for any reason unfit for a licence under this Act; or (ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence. (2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property. (3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.” 5. The reason stated for rejection of the application of the petitioner for renewal of licence is that there is no threat to his life. The said reason is not sufficient to refuse licence under Section 14 of the Act. **WP(C) NO. 24700 OF 2012 ..6..** ## 6. Here it is apposite to refer to Sections 13 and 15 of the Arms Act, which reads as follows: “S.13. Grant of licences.―(1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed. [(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time. (2A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same: Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.] **WP(C) NO. 24700 OF 2012 ..7..** (3) The licensing authority shall grant— (a) a licence under section 3 where the licence is required― (i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection: Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or (ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a club or association licensed or rifle rifle recognised by the Central Government; (b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.” xxxxx **WP(C) NO. 24700 OF 2012 ..8..** **“S.15. Duration and renewal of licence** .―(1) A licence under section 3 shall, unless revoked earlier, continue in force for a period of three years from the date on which it is granted: Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period. (2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the date on which it is granted as the licensing authority may in each case determine. (3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof. **WP(C) NO. 24700 OF 2012 ..9..** 7. The decision in **Chandran Nair** (supra) was doubted by a learned Single Judge and was referred to the Division Bench and the Division Bench by judgment in **Aboobaker V.T. and Others** v. **Land Revenue Commissioner, Trivandrum and Others** [2022 (2) KHC 170] held that the applications for grant or for renewal of licence are to be considered after adhering to the provisions of Sections 13, 14 and 15 of the Arms Act. 8. Going by the provisions under Sections 13, 14 and 15 of the Arms Act, I find that the reason stated by the Additional District Magistrate as well as the Land Revenue Commissioner for rejecting the application of the petitioner for renewal of licence cannot be sustained. Accordingly, Exts.P2 and P3 orders are quashed and the 6[th] respondent is directed to consider the application of the petitioner for renewal of licence afresh in the light of the provisions of the Arms Act and in the light of the **WP(C) NO. 24700 OF 2012 ..10..** decision in **Aboobaker** (supra). This shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. **Sd/-** **MURALI PURUSHOTHAMAN JUDGE** SB **WP(C) NO. 24700 OF 2012 ..11..** ## **APPENDIX** ## **PETITIONERS EXTS.** |**EXT.P1**|**TRUE COPY OF THE LICENSE ISSUED TO THE**| |---|---| ||**PETITIONER BY ADDITIONAL DISTRICT MAGISTRATE,**| ||**TRICHUR DATED 14.7.1986**| |**EXT.P2**|**TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT**| ||**MAGISTRATE DATED 19.8.2011**| |**EXT.P3**|**TRUE COPY OF THE ORDER OF THE LAND REVENUE**| ||**COMMISSIONER DATED 17.7.2012**|