High Court of KeralaSingle JudgeWrit petition allowed; Ext P7 set aside; direct...

Krishnakumar M.G. v. Land Revenue Commissioner and District Magistrate

Case / Petition Number:WP(C) No. 24416/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • V.G. Arun
Judgment Date
2022-10-20
Court Decision / Holding
Writ petition allowed; Ext P7 order set aside; the 2nd respondent is directed to reconsider the petition and grant the Arms license if the petitioner is found eligible as per the applicable statutory provisions. Absence of threat cannot be used as a ground to reject the application. The decision must be taken within two months of receipt of this judgment.
Final Disposition
Writ petition allowed; Ext P7 set aside; direction to reconsider and grant arms license if eligible; two-month time limit for the decision; absence of threat cannot justify rejection.

Parties to the Case

Appellants / Petitioners

  • Krishnakumar M.G.

Respondents

  • Land Revenue Commissioner
  • District Magistrate, Ernakulam

Legal Representation & Advocates

Counsels for Petitioners

  • • Saji Kuriachan
  • • M.R. Nandakumar

Counsels for Respondents

  • • Advocate General Office, Kerala

Case Synopsis & Summary

Krishnakumar M.G. filed this writ petition seeking issuance of an arms license. He had earlier challenged orders in W.P.C Nos. 4835/2021 and 12858/2021, with Exts. P1–P3 directing consideration within time and subsequent directions to entertain a fresh application in light of Exts. P8–P11 judgments. The 2nd respondent again rejected the application on the sole ground that the petitioner did not establish a threat to life. The petitioner submits that the rejection is contrary to the observations in Exts. P8–P11 and that the authority must grant the license if the applicant is otherwise eligible under the Arms Act, 1959. The Government Pleader contends that the applicant failed to prove the need for personal protection. The court relies on the Division Bench decision in Aboobaker V.T. and Ors. v. Land Revenue Commissioner, Thiruvananthapuram and Ors. (2022 (2) KHC 170 (DB)), which analyzed Sections 3, 13, 14 and 15 and held that, for licenses under Section 3 seeking self-protection, the absence of a threat cannot automatically justify rejection unless the circumstances fall within Section 13(3)(a)(i) or (ii). Consequently, the writ petition is allowed; Ext. P7 is set aside; the 2nd respondent is directed to reconsider the petition and grant the Arms license if the petitioner is found eligible under the applicable statutory provisions. The court directs completion of the process within two months of receipt of this judgment, and reiterates that absence of threat cannot be used as a reason to refuse a license.

Provisions of Law Cited

Arms Act, 1959 - Section 3Arms Act, 1959 - Section 13(3)(a)(i)Arms Act, 1959 - Section 13(3)(a)(ii)Arms Act, 1959 - Section 13(3)(b)Arms Act, 1959 - Section 14Arms Act, 1959 - Section 15

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the rejection of the arms license application, despite Exts. P8–P11, is illegal and contrary to the observations in those judgments. It is submitted that the licensing authority can grant a license if eligible under the relevant provisions; absence of threat cannot be a valid ground to deny an application under Section 3, especially where the case falls within Section 13(3)(a)(i) and (ii). The petition seeks remittal and grant of license upon proper consideration in light of Exts. P8–P11.

Contentions of Respondents

The Government Pleader submits that although the application was filed for self-protection, the petitioner failed to prove the need for personal protection, leaving the licensing authority with no option but to reject the application.

Cited Precedents (5)

Case NameCitationTreatmentExplanation
Aboobaker V.T. and Ors. v. Land Revenue Commissioner, Trivandrum and Ors.2022 (2) KHC 170 (DB)PositiveDivision Bench held that for applications under Section 3 seeking self-protection, the absence of threat cannot justify rejection where Section 13(3)(a)(i)/(ii) applies, and that Section 13(3)(b) cannot be used to fabricate a ‘good reason’ in such cases.
W.P.(C) No. 38165 of 2010 and connected cases; 2015(1) KHC 3512015(1) KHC 351Mentioned OnlyExhibit P8; cited as prior jurisprudence but not discussed in depth in the reasoning.
W.P.(C) No. 32888 of 2019W.P.(C) No. 32888 of 2019Mentioned OnlyExhibit P9; referenced in Appendix but not analyzed in detail.
W.P.(C) No. 27168 of 2020W.P.(C) No. 27168 of 2020Mentioned OnlyExhibit P10; identified as part of the record but not elaborated in the judgment.
W.P.(C) No. 35111/2015 and connected cases2022 (2) KHC 170 (DB)PositiveSource judgment (Aboobaker lineage) cited via Exhibit P11, establishing the same doctrinal position on Section 3/self-protection licensing.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 20[TH] DAY OF OCTOBER 2022 / 28TH ASWINA, 1944** ## **WP(C) NO. 24416 OF 2022** ## **PETITIONER:** KRISHNAKUMAR M.G. AGED 53 YEARS S/O. GOVINDANKUTTY .P.K., ESWARI NILAYAM, ELAMKUNNAPUZHA ERNAKULAM - 682 503. BY ADVS. SAJI KURIACHAN M.R.NANDAKUMAR ## **RESPONDENTS:** 1 LAND REVENUE COMMISSIONER PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM - 695 033. 2 THE DISTRICT MAGISTRATE, CIVIL STATION.P.O. KAKKANAD, ERNAKULAM - 682032. BY ADV ADVOCATE GENERAL OFFICE KERALA ## **OTHER PRESENT:** GP RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). 24416/2022 2 ## **JUDGMENT** Dated this the 20[th] day of October, 2022 The petitioner filed an application for grant of Arms licence. As there was delay in considering the application, petitioner filed W.P. (C) No. 4835 of 2021. That writ petition was disposed of by Ext. P1 judgment, directing the 2[nd] respondent to take a decision on the application within three months. Accordingly, the 2[nd] respondent passed Ext. P2 order, rejecting the application on the premise that there was no threat to the petitioner's life. The petitioner challenged Ext. P2 in W.P.(C) No. 12858 of 2021 and by Ext. P3 judgment, the writ petition was disposed of, permitting the petitioner to file an appeal challenging Ext. P2 and directing the 1[st] respondent to pass orders on the appeal. The 1[st] respondent considered and rejected the appeal, confirming Ext.P2 order. Aggrieved, the petitioner preferred W.P.(C) No. 21604 of 2021. By Ext. P5 judgment, that writ petition was disposed of, permitting the W.P.(C). 24416/2022 3 petitioner to file a fresh application and directing the competent authority to pass orders after considering the applicability of Exts. P8 to P10 judgments. The 2[nd] respondent having rejected the application again, this writ petition is filed. 2. Learned Counsel for the petitioner submitted that, in spite of the petitioner bringing Exts. P8 to P10 judgments to the notice of the 2[nd] respondent, the application is rejected on the wrong premise that the petitioner had failed to prove his requirement of arms licence for self protection. It is contended that the rejection is patently illegal, being contrary to the observations and findings in Exts. P8 and P11 judgments. Hence the impugned order ought to be set aside and the 2[nd] respondent directed to grant the arms licence, is the contention. 3. Learned Government Pleader submitted that even though the petitioner applied for arms licence for self protection, he failed to convince the authority of his need for personal protection. Hence the 2[nd] respondent was left with no alternative but to reject the application. W.P.(C). 24416/2022 4 4. As rightly contended by the counsel for the petitioner, the question whether an application for Arms licence can be rejected on the ground that the applicant is not under any potential threat, was decided by the Division Bench in **Aboobaker V.T. and Ors. v. Land Revenue Commissioner, Tvm and Ors.** [2022 (2) KHC 170 (DB)]. After careful analysis of Sections 3, 13, 14 and 15 of the Arms Act 1959, the Division Bench held as under; “21. On a conjoint reading of Sections 13, 14 and 15, it is clear that apart from the conditions contained under Sections 14 and 15, the licensing authority is vested with powers to consider applications for grant of licence or renewal of licence taking into account the reasons enumerated in Section 13(3)(b), except the ones specified in Section 13(3)(a)(i) and (ii). Thus, on an analysis of the reference in the above manner, we come to the following conclusions: For the consideration of applications for licences under Section 14 and Section 15 of Act 1959, the provisions of Section 13(3)(b) can be relied upon for assimilating any "good reason" in order to grant, renew or refuse the licences, however, except under the circumstances mentioned under Section 13(3)(a)(i) and (ii) of Act, 1959. Thus to say, the licenses dealt with under W.P.(C). 24416/2022 5 Section 13(3)(a)(i) and (ii) are classified as a distinct one so as not to attract the requirement of 'good reason' envisaged in Section 13(3)(b). Which thus also means, other than the specific circumstances made under Section 13(3)(a)(i) and (ii), in all other cases discussed above, for consideration of applications for grant of licence and renewal, the provisions of Section 13(3)(b) would apply.” Going by the above dictum, rejection of petitioner's application on the ground that he failed to prove the need the for a fire arm for self protection, is unsustainable. The Division Bench has clarified that Section 13(3)(b) cannot be relied upon for assimilating any 'good reason', if the application is one falling under Section 13(3)(a)(i) or (ii). The petitioner having submitted application under Section 3, seeking licence for self protection, the grant of which falls under Section13(3)(a)(i), absence of threat to life cannot be projected as a reason for rejecting the application. For the aforementioned reasons, this writ petition is allowed, Ext. P7 order is set aside and the 2[nd] respondent is directed to reconsider petitioner's application and grant the W.P.(C). 24416/2022 6 Arms licence, if the petitioner is found eligible as per the applicable statutory provisions. Needless to say that, absence of threat to life shall not be projected as a reason for rejecting the application. The decision, as directed above, shall be taken within two months of receipt of a copy of this judgment. Sd/- **V.G.ARUN** **JUDGE** sb W.P.(C). 24416/2022 7 ## **APPENDIX OF WP(C) 24416/2022** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE JUDGMENT DATED 16-03-2021 IN| ||W.P.(C) NO. 4835/2021.| |Exhibit P2|TRUE COPY OF THE ORDER DATED 02-06-2021 OF| ||THE 2ND RESPONDENT .| |Exhibit P3|TRUE COPY OF THE ORDER DATED 29-06-2021 IN| ||W.P.(C) NO. 12858/2021.| |Exhibit P4|TRUE COPY OF THE ORDER DATED NIL, OF THE 1ST| ||RESPONDENT .| |Exhibit P5|TRUE COPY OF THE JUDGMENT DATED 08-12-2021 IN| ||W.P.(C) NO.21604/2021| |Exhibit P6|TRUE COPY OF THE FRESH ARMS LICENCE| ||APPLICATION DATED 22-12-2021.| |Exhibit P7|TRUE COPY OF THE REJECTION ORDER PASSED BY| ||THE 2ND RESPONDENT DATED 07-07-2022.| |Exhibit P8|TRUE COPY OF THE JUDGMENT DATED 19-11-2014 IN| ||W.P.(C) NO.38165 OF 2010 REPORTED IN 2015(1)| ||KHC 351.| |Exhibit P9|TRUE COPY OF THE JUDGMENT DATED 28-05-2020 IN| ||W.P.(C) NO. 32888 OF 2019.| |Exhibit P10|TRUE COPY OF THE JUDGMENT DATED 14-07-2021 IN| ||W.P.(C) NO. 27168 OF 2020.| |Exhibit P11|TRUE COPY OF THE SAID JUDGMENT DATED 15-02-| ||2022 IN W.P.(C) NO. 35111/2015 AND CONNECTED| ||CASES OF THIS COURT REPORTED IN 2022 (2) KHC| ||170 (DB).| W.P.(C). 24416/2022 8