Mohammed Asharaf v. P. VS District Collector Malappuram
2017-05-30
P.B.SURESH KUMAR
body2017
DigiLaw.ai
JUDGMENT P.B. Suresh Kumar, J. 1. The petitioner is holding a licence under the Arms Act to hold a weapon. When the term of the licence expired, though the petitioner preferred an application for renewal of the licence, the licence was not renewed. The petitioner then approached this Court in W. P. (C) No. 26827 of 2016. Ext.P1 is the judgment rendered by this Court in the said case. As per Ext.P1 judgment, this Court directed the respondent to consider the application preferred by the petitioner for renewal of the licence. Pursuant to Ext.P1 judgment, the application preferred by the petitioner has been though considered, the renewal was limited for the period upto 31/12/2016. The order was passed on 02/12/2016. In other words, the renewal has been granted only for a period of 28 days. The petitioner is aggrieved by Ext.P2 order. 2. Heard the learned counsel for the petitioner as also the learned Government Pleader. 3. It is alleged by the petitioner that the period of renewal of the licence was limited to 28 days since the petitioner has approached this Court alleging inaction on the part of the competent authority. The learned Government Pleader, on the other hand, justified the impugned order pointing out that the prayer of the petitioner was for renewal of the licence for a period of three years from 31/12/2013 and it is on account of the said reason that the licence was renewed upto 31/12/2016. Be that as it may, S.15 of the Arms Act which deals with the duration and renewal of the licence reads thus: "15. Duration and renewal of licence.-- (1) A licence under S.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.
(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 S.13 and S.14 shall apply to the renewal of a licence as they apply to the grant thereof." It is evident from the proviso to sub-s.(1) of S.15 that a licence under the Arms Act will continue to be in force for a period of three years, unless the licensing authority, for reasons to be recorded in writing, considers in any case that the licence should be granted for a shorter period. It is clear from sub-s.(3) of S.15 that the proviso to sub-s.(1) applies for renewal of the licence as well. In other words, if the licensing authority chooses to renew the licence, the renewal shall be for a period of three years unless the licensing authority for reasons to be recorded in writing decides otherwise. Coming to the facts of the present case, Ext.P2 order does not indicate any reason for not renewing the licence of the petitioner for a period of three years. In the absence of any reason for not renewing the licence for a period of three years, the licence should have renewed for a period of three years. In the result, the writ petition is allowed and Ext.P2 order is modified to the effect that the same will be valid for a period of three years from its date.