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2016 DIGILAW 2721 (MAD)

D. Samson Rathinakumar v. Additional Chief Secretary/Commissioner of Revenue Administration, Government of Tamil Nadu

2016-08-04

M.VENUGOPAL

body2016
ORDER : Heard both sides. 2. By consent of both sides, the main Writ Petition itself is taken up for final disposal. 3. No counter is filed on behalf of the Respondents. 4. According to the Petitioner, he wanted to purchase a new double barrel gun for security purpose, as there are heavy financial transactions in his business. Hence the Petitioner made an application before the Second Respondent/The District Revenue Officer/District Additional Magistrate, Tuticorin, seeking issuance of arms license. 5. The stand of the Petitioner is that the Superintendent of Police, Tuticorin District and the Tahsildar, Tuticorin had gave no objection to recommend for the gun license in question. However, the District Forest Officer, Tuticorin had refused to recommend the same and that the Second Respondent/The District Revenue Officer/District Additional Magistrate, Tuticorin passed an order on 23.04.2015 refusing to grant gun license on the ground that there is no life threat to him and if his application is entertained, then every one should seek license. 6. Being aggrieved against the order passed by the Second Respondent//The District Revenue Officer/District Additional Magistrate, Tuticorin, dated 23.4.2015, he preferred an appeal before the First Respondent/The Additional Chief Secretary/Commissioner of Revenue Administration, Government of Tamil Nadu, Chepauk, Chennai-5 and the same is pending. In fact, a communication was received from the First Respondent, dated 27.11.2015 whereby and where-under the Petitioner was informed that his appeal was accepted for conducting an enquiry and the date of enquiry will be notified later. Till date, the Petitioner has not received any notice in the statutory appeal filed by him before the Second Respondent. Hence the Petitioner has filed the present Writ Petition for the relief as stated supra. 7. Till date, the Petitioner has not received any notice in the statutory appeal filed by him before the Second Respondent. Hence the Petitioner has filed the present Writ Petition for the relief as stated supra. 7. Considering the fact that the Petitioner's appeal, dated 11.5.2015 was accepted by the First Respondent/The Additional Chief Secretary/Commissioner of Revenue Administration, Government of Tamil Nadu, Chepauk, Chennai-5 and further, the Petitioner was informed that date of enquiry would be intimated/notified later and till date, he has not been informed of the date of enquiry, at this stage, this Court, without expressing any opinion on the merits and contents of the appeal, dated 11.5.2015(filed by the Petitioner) in the interest of justice and fair play, directs the First Respondent to intimate/notify the Petitioner about the date in regard to the conduct of enquiry/hearing of the appeal and in any event to dispose of the same, on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any by adhering to the principles of natural justice in true letter and spirit) within a period of six weeks from the date of receipt of a copy of this order. It is open to the First Respondent to call for any record/copy of document from the Petitioner and in such event, if the Petitioner receives any communication/notification from the First Respondent calling for the document in question, the same is to be complied with by him in true letter and spirit and without any default, whatsoever. The Petitioner is also directed to lend his assistance/cooperation, so as to enable the First Respondent to dispose of his appeal, within the time determined by this Court, as stated supra. 8. With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.