Renjith K.S v. State of Kerala and Others

WP(C) NO. 13307 OF 2023 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 23[RD] DAY OF MAY 2023 / 2ND JYAISHTA, 1945** **WP(C) NO. 13307 OF 2023** ## **PETITIONER/S:** RENJITH K.S AGED 49 YEARS S/O K.S KUTTAPPAN KIZHAKKEL HOUSE MEENACHIL P.O, KOTTAYAM DISTRICT, PIN - 686575 BY ADVS. C.S.AJITH PRAKASH T.K.DEVARAJAN M.B.SOORI ANCY THANKACHAN BABU M. NIDHIN RAJ VETTIKKADAN GOURI KAILASH KRISHNENDU.D ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE LAND REVENUE COMMISSIONER OFFICE OF THE LAND REVENUE COMMISSIONER PUBLIC OFFICE BUILDING, MUSEUM ROAD, OPPOSITE ZOO, VIKHAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033 3 DISTRICT MAGISTRATE / DISTRICT COLLECTOR KUMILY ROAD, COLLECTORATE, CIVIL STATION, KOTTAYAM, PIN, PIN - 686002 4 ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE CIVIL WP(C) NO. 13307 OF 2023 2 STATION, KOTTAYAM, PIN - 686002 5 DISTRICT POLICE CHIEF, KOTTAYAM OFFICE OF THE DISTRICT POLICE CHIEF, CIVIL STATION, KOTTAYAM, PIN - 686002 ## **OTHER PRESENT:** SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13307 OF 2023 3 # **P.V.KUNHIKRISHNAN, J** **--------------------------------------W.P.(C) No. 13307 of 2023** **-------------------------------------Dated this the 23[rd] day of May, 2023** ## **JUDGMENT** ## The above writ petition is filed with following prayers : _“i. To issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondents 1 to 4 to issue dealership licence to the petitioner required for 'arms and ammunition' dealers, in terms of the Arms Act, 1959 and the Arms Rules 2016, within a time frame fixed by this Hon'ble Court._ _ii. To issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondents 3 and 4 to complete all formalities on the licence application submitted under Form A-8, evidenced by Ext.P21 and Ext.P22 and take a decision in the matter of grant of licence for running a shop dealing with arms and ammunition, in the premises rented out by the petitioner in Pala Municipality, within a time frame fixed by this Hon'ble Court._ _iii. To declare that the petitioner is entitled to issue with a licence for running of the armoury shop dealing with arms and ammunitions on the basis of the application submitted for licence before the competent respondents, in the interest_ WP(C) NO. 13307 OF 2023 4 _of justice._ _iv. To issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the caseor as may be prayed from time to time._ _v. To issue such other appropriate order or directions dispensing with the filing of English translation of the vernacular documents produced along with the writ petition.”[SIC]_ 2. The main prayer in this writ petition is to issue appropriate direction to respondents 3 and 4 to complete all formalities on the licence application submitted under Form A- 8 as evident by Exts.P21 and P22 and take a decision in the matter for grant of licence for running an armoury shop. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. After hearing both sides, I am of the considered opinion that the competent authority among respondents should pass appropriate orders in this application forthwith. There can be a time limit for passing orders in Exts.P21 and P22. Therefore, this writ petition is disposed of with the WP(C) NO. 13307 OF 2023 5 following directions : - 1) The 3[rd] respondent is directed to consider and pass appropriate orders in Exts.P21 and P22 as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment. - 2) Before passing final orders, an opportunity of hearing should also be given to the petitioner. **sd/-** **P.V.KUNHIKRISHNAN JUDGE** SKS WP(C) NO. 13307 OF 2023 6 ## **APPENDIX OF WP(C) 13307/2023** PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RENEWED ARMS LICENSE ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM DATED 01.03.2021 TO THE PETITIONER Exhibit P2 A TRUE MODEL APPLICATION SUBMITTED BY THE TYFORD ESTATE FOR WILD BOAR CONTROL DATED 18/01/2022 Exhibit P3 A TRUE COPY OF THE LETTER DATED 16.11.2021 ISSUED BY THE PEERUMEDU MLA TO THE DFO, KOTTAYAM Exhibit P4 A TRUE COPY OF THE LETTER ISSUED BY PALA MLA DATED 08.11.2021 TO THE DFO KOTTAYAM Exhibit P5 A TRUE COPY OF THE CERTIFICATE DATED 1.07.2022 ISSUED BY THE ELAPPARA GRAMA PANCHAYATH CERTIFYING THE PETITIONER'S SERVICE AS A PROFESSIONAL HUNTER - Exhibit P6 A TRUE COPY OF THE PROCEEDINGS OF THE PRESIDENT, PEERUMEDU PANCHAYATH AUTHORISING THE PETITIONER TO KILL PROBLEMATIC WILD BOAR IN THE PANCHAYATH DATED 01.07.2022 - Exhibit P7 A TRUE COPY OF THE PROCEEDINGS OF THE VANDIPERIYAR GRAMA PANCHAYATH DATED 12.07.2022 - Exhibit P8 A TRUE COPY OF THE PROCEEDINGS DATED 12.07.2022 ISSUED BY THE SECRETARY OF THE KOOTIKKAL GRAMA PANCHAYATH - Exhibit P9 A TRUE COPY OF THE PROCEEDINGS DATED 12.07.2022 ISSUED BY THE KOKKAYAR GRAMA PANCHAYATH WP(C) NO. 13307 OF 2023 7 - Exhibit P10 A TRUE COPY OF THE PROCEEDINGS NO.A32906/2020 DATED 03.09.2021 OF THE DFO KOTTAYAM - Exhibit P11 A TRUE COPY OF THE PROCEEDINGS NO.A32906/2020 OF THE DFO KOTTAYAM DATED 13.05.2022 - Exhibit P12 A TRUE COPY OF THE IDENTITY CARD SHOWING THE PETITIONER AS A LIFE MEMBER IN KOTTAYAM RIFLE ASSOCIATION - Exhibit P13 A TRUE COPY OF THE IDENTITY CARD SHOWING THE PETITIONER AS A LIFE MEMBER OF NATIONAL RIFLE ASSOCIATION - Exhibit P14 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SM INDUSTRY DATED 11.06.2022 EVIDENCING STRONG ROOM INSTALLATION IN THE PETITIONER'S RENTED PREMISES - Exhibit P15 A TRUE COPY OF THE CERTIFICATE ISSUED BY AGNI SECURITY ENTERPRISES DATED 10.06.2022 - Exhibit P16 A TRUE COPY OF THE CERTIFICATE DATED 10.05.2022 ISSUED BY AGNI SECURITY ENTERPRISES TO THE PETITIONER - Exhibit P17 A TRUE COPY OF THE LETTER FORWARDED BY THE PALA MUNICIPALITY TO THE DISTRICT COLLECTOR, KOTTAYAM DATED 22.07.2022 - Exhibit P18 A TRUE COPY OF THE CERTIFICATE ISSUED BY V SMART SECURITY SOLUTION SHOWING THE CC TV INSTALLATION IN THE RENTED PREMISES - Exhibit P19 A TRUE COPY OF THE CERTIFICATE ISSUED BY DWARAKA ARMS STORE, BELLARY, KARNATAKA DATED 03.06.2022 - Exhibit P20 A TRUE COPY OF THE CERTIFICATE ISSUED BY ALL INDIA ARMS DEALERS ASSOCIATION DATED WP(C) NO. 13307 OF 2023 8 - 26.02.2022 - Exhibit P21 A TRUE COPY OF THE APPLICATION SUBMITTED THROUGH THE ADM FOR ARMS AND AMMUNITIONS DEALERSHIP LICENSE TO THE PETITIONER WITHOUT ITS ATTACHMENTS DATED 13.06.2022 - Exhibit P22 A TRUE COPY OF THE LICENCE APPLICATION IN FORM 8 DATED 13.6.2022 SUBMITTED BY THE PETITIONER UNDER THE ARMS RULES , 2016 - Exhibit P23 A TRUE COPY OF THE TRAINING CERTIFICATE FORWARDED TO THE LICENSING AUTHORITY REQUIRED UNDER RULE 10(1) DATED 01/03/2021 - Exhibit P24 A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT NO. DCKTM/6488/2022-H2 DATED 17-09-2022 - Exhibit P25 A TRUE COPY OF THE CLARIFICATION ISSUED BY MHA, GOVERNMENT OF INDIA ADDRESSED TO THE ADDITIONAL CHIEF SECRETARIES FOR ALL STATE AND UTS DATED 31-05-2022 - Exhibit P26 A TRUE COPY OF THE RECEIPT NO. 6610 SHOWING THE DEPOSIT UNDER SECTION 21 ISSUED TO THE DISTRICT MAGISTRATE KOTTAYAM DATED 26-09-2022 - Exhibit P27 A TRUE COPY OF THE RELEVANT PAGE OF THE REGISTER MAINTAINED IN THE COCHIN ARMOURY - Exhibit P28 A TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT MAGISTRATE NO. DCKTM/6488/2022-H2 DATED 26-10-2022 - Exhibit P29 A TRUE COPY OF THE LICENSE CANCELLATION LETTER ISSUED BY THE DISTRICT MAGISTRATE, ARMS LICENSE ISSUANCE AUTHORITY TO THE PETITIONER DATED 01/11/2022 - Exhibit P30 A TRUE COPY OF THE INTERIM ORDER IN W.P. WP(C) NO. 13307 OF 2023 9 (C) 37616/2022 DATED 25/11/2022 Exhibit P31 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 3RD RESPONDENT IN WPC 37616/2022 DATED 20.02.2023 WITHOUT ITS ANNEXURES