Safar T. K. S/o Aboobacker v. The Land Revenue Commissioner, Thiruvananthapuram
2021-12-14
N.NAGARESH
body2021
DigiLaw.ai
JUDGMENT : N. NAGARESH, J. 1. The petitioner is aggrieved by non-grant of renewal of Arms Licence. 2. The petitioner states that he is a business man and need Arms Licence for self protection. The petitioner submitted Ext.P1 application dated 01.12.2009, for Arms Licence. In view of an adverse report from the Police, the application was rejected on 09.12.2011, as per Ext.P2. The petitioner preferred Ext.P3 appeal before the 1st respondent. The appeal was allowed as per Ext.P3 order dated 01.09.2012. By Ext.P3, the appellate authority remitted the matter back to the licensing authority. 3. The 2nd respondent licensing authority did not pass any order. The petitioner therefore filed W.P. (C) No. 123/2021. The said writ petition was disposed of as per Ext.P4 judgment 19.01.2021 directing the 2nd respondent to pass orders after affording opportunity of hearing to the petitioner. 4. The 2nd respondent again rejected the application on 03.08.2021 as per Ext.P5. The petitioner states that his application was rejected on the ground that the petitioner was an accused in Crime No. 7751/2011 under Sections 3 and 21 read with Section 25(1b)(a) of the Arms Act registered in Nilambur Police Station. The acquittal of the petitioner in the said case was due to technical reasons. 5. The learned counsel for the petitioner submitted that a combined reading of Sections 14 and 15 of the Arms Act would indicate that once a licence is granted under the Act, the same shall be renewed from time to time, unless there exists a ground for refusal as enumerated under Section 14 of the Act. 6. The petitioner further contended that the Government Circular to the extent it restricts Arms Licence to persons who may face or perceive grave and imminent threat to their lives alone, is illegal and arbitrary and against the provisions of the Arms Act. 7. The 2nd respondent contested the writ petition filing a counter affidavit. The 2nd respondent stated that the petitioner was accused in Crime No. 7751/2011 of Nilambur Police Station. The application for renewal of Arms Licence was examined in detail by the Licensing Authority and the petitioner was found unfit for getting the Arms Licence renewed. 8. The 2nd respondent stated that preservation of public peace and tranquility in the society is the primary function of the Government and the said duty is vested with the District Magistrate at the District level.
8. The 2nd respondent stated that preservation of public peace and tranquility in the society is the primary function of the Government and the said duty is vested with the District Magistrate at the District level. The sanction of Arms Licence to a person should be done with proper enquiry. Arms Licence can be granted only when there are good reasons for obtaining Arms Licence. 9. Heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondents. 10. This Court has considered the issue of non-renewal of Arms Licence. In Chandran Nair vs. Additional District Magistrate, 2015 (1) KLT 41 , this Court held that a combined reading of Sections 14 and 15 of the Arms Act would indicate that once a licence is granted under the Act, the same shall be renewed from time to time, unless there exists a ground for refusal as enumerated under Section 14 of the Arms Act. In the impugned order, no grounds available under Sections 14 and 15 of the Arms Act, are seen, for rejection of the application. 11. This Court in the judgment in Jose Kuttiyany vs. Land Revenue Commissioner, 2015 (3) KHC 831 has held that to attract the provisions of Section 17 of the Arms Act with regard to public peace, security and safety, it shall always be incumbent on the authorities to record a finding that how, under what circumstances and in what manner the possession of Arms Licence would be detrimental to public peace, safety and security. No such reason is discernible from the impugned Exts.P2 and P5 orders. 12. In the circumstances, Exts.P2 and P5 are set aside and the respondents are directed to reconsider the application submitted by the petitioner for renewal of Arms Licence, in accordance with law. Fresh orders in this regard shall be passed within a period of two months. 13. Writ Petition is disposed of as above.