JUDGMENT : SHAJI P. CHALY, J. 1. The captioned writ petitions are before us on a reference made by a learned single Judge of this Court as per the order dated 15th February, 2016. 2. The subject issue involved in the reference arises under the provisions of the Arms Act, 1959 (for short ‘Act 1959’). The learned single Judge doubted the correctness of the judgments of this Court in Muhammed Shafi vs. District Collector, 2012 (1) KLT 427 and Chandran Nair vs. Additional District Magistrate, 2015 (1) KHC 351 , whereby it was held that grant/refusal of the fire arm licence can only be based on the grounds enumerated under Sections 14 and 15 of the Act, 1959 respectively. 3. According to the learned single Judge, the grant/refusal of licence shall also be taking into consideration the requirements of Section 13 (3)(b), which stipulates that a licence under Section 3 in any other case or a licence under Section 4, Section 5, Section 6, Section 10 or Section 12 shall be granted only if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same. 4. Therefore, according to the learned single Judge, on a combined reading of Section 13(3)(b) with Sections 14 and 15(3) of the Act 1959, it can be seen that the authority has to be satisfied that there exists “good reason” for grant as well as renewal of licence, apart grounds referred to in Section 14. With the above view, the learned single Judge has observed that, in the judgments in Muhammed Shafi and Chandran Nair (supra), the impact of Section 13(3)(b) of the Act, 1959 has not been taken into consideration while granting and renewing the fire- arm licence. 5. Therefore, after assimilating the legal circumstances, the learned single Judge was of the opinion that absence of any of the grounds referred to in Section 14 of Act, 1959, would not entitle any automatic renewal of licence, unless it is felt that there exists “good reason” for granting or renewing the licence. It was, accordingly, that the writ petitions are referred for an authoritative pronouncement by a Bench of superior strength. 6. We have heard the learned counsel for the petitioners Sri. K.M. Sathyanatha Menon, Sri. Saji Kuriachan, Sri. Peter Jose Christo and Others and the learned Senior Government Pleader Sri. It was, accordingly, that the writ petitions are referred for an authoritative pronouncement by a Bench of superior strength. 6. We have heard the learned counsel for the petitioners Sri. K.M. Sathyanatha Menon, Sri. Saji Kuriachan, Sri. Peter Jose Christo and Others and the learned Senior Government Pleader Sri. Tek Chand for the State and its officials, and perused the pleadings and materials on record. 7. In order to have a proper understanding of the issues referred to by the learned single Judge, it is better that the relevant provisions of the Act, 1959 are deliberated and discussed. 8. The Act, 1959 has undergone various amendments, the last of which being the Amendment Act 48 of 2019. Arms Act, 1959 was enacted to consolidate and amend the law relating to arms and ammunition. The Act, 1959 and the Rules thereto regulate the acquisition, possession, use, manufacture, transfer, sale, transport, export and import of arms and ammunition and punishment for contravention of the provisions of the Act, in order to curb illegal weapons and violence stemming from them. Amendments were brought to this statute in order to tackle the situations that occurred during the course of time. 9. The term “fire-arms” is defined under Section 2(1)(e) to mean arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy and includes the arms referred to therein. Section 3 of Chapter II deals with “licence for acquisition and possession of firearms and ammunition” and it reads thus: “3. Licence for acquisition and possession of fire-arms and ammunition: (1) No person shall acquire, have in his possession, or carry any fire-arm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder: Provided that a person may, without himself holding a licence, carry any fire-arm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder. (2) Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than three firearms: Provided that a person who has in his possession more fire-arms than three at the commencement of the Arms (Amendment) Act, 2019, may retain with him any three of such fire-arms and shall deposit, within one year from such commencement, the remaining fire-arms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year. Provided further that while granting arms licence on inheritance or heirloom basis, the limit of two fire-arms shall not be exceeded. (3) Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice. (4) The provisions of sub-sections (2) to (6) (both inclusive) of section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit of any arm or ammunition under sub-section (1) of that section.” 10. Section 4 deals with licence for acquisition and possession of arms of specified description in certain cases, which specifies that if the Central Government is of the opinion that having regard to the circumstances prevailing in any area, it is necessary or expedient in the public interest that the acquisition, possession or carrying of arms other than fire-arms should also be regulated, it may, by notification in the Official Gazette, direct that the said section shall apply to the area specified in the notification, and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification, unless he holds in that behalf a licence issued in accordance with the provisions of the Act and the rules made thereunder. 11. 11. Section 6 deals with licence for the shortening of guns or conversion of imitation firearms into fire-arms; Section 10 deals with licence for import and export of arms, etc. and Section 12 deals with power to restrict or prohibit transport of arms. These are the provisions basically referred to in Section 13(3)(b) of the Act, 1959 and it was relying upon the same, the learned single Judge doubted the correctness of the judgments in Muhammed Shafi and Chandran Nair (supra). 12. We will deal with Section 13 of the Act, 1959, after referring to the provisions of Sections 14 and 15 of the Act, 1959. Section 14 deals with refusal of licences, which reads thus: “14. Refusal of licences: (1) Notwithstanding anything in section 13, the licensing authority shall refuse to grant: (a) a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition. (b) a licence in any other case under Chapter-II. (i) where such licence is required by a person whom the licensing authority has reason to believe: (1) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition. (2) to be of unsound mind. (3) to be for any reason unfit for a licence under this Act. (ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence. (2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property. (3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.” 13. Section 15 deals with the duration and renewal of licence, which reads thus: “15. Section 15 deals with the duration and renewal of licence, which reads thus: “15. Duration and renewal of licence: (1) A licence under section 3 shall, unless revoked earlier, continue in force for a period of five 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. Provided further that the licence granted under Section 3 shall be subject to the conditions specified in sub-clauses (ii) and (iii) of clause (a) of sub-section (1) of section 9 and the licensee shall produce the licence along with the fire-arm or ammunition and connected document before the licensing authority after every five years from the date on which it is granted or renewed. (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 sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof.” 14. The judgments in Muhammed Shafi and Chandran Nair (supra) dealt with the grounds under which refusal of licence can be made as provided under Section 14 and it was held that since there are specific grounds mentioned in Section 14, a fire licence or renewal cannot be done for any other reasons. But, on a deeper analysis of Section 15(3) of the Act, 1959, it is clear that 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 Sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof. 15. 15. Therefore, one thing is clear, even for a renewal, the provisions of Sections 13 and 14 shall be taken into consideration. Insofar as Section 14 dealing with refusal of licence is concerned, it starts with a non-obstante clause that notwithstanding anything contained in Section 13, the licensing authority shall refuse to grant a licence under Section 3, Section 4 or Section 5, where such licence is required in respect of any prohibited arms or prohibited ammunition and for the other reasons specified thereunder. 16. In our view, clause (i) of Section 3 (a) deals with licence for acquisition and possession of fire-arms and ammunition by an individual/citizen; whereas, clause (ii) of Section 3(a) deals with licence to any member of a rifle club or rifle association licensed or recognised by the Central Government for using a firearm for target practice. 17. That apart, on an analysis of the provisions of Section 13, a clear distinction is discernible between the licences issued to the individuals, and different bodies in the matter of different firearms. This we say because, Section 13 of Act, 1959 makes a clear distinction between the licences issued to the citizens and others. Section 13 reads thus: “13. Grant of licences: (1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed. (2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time. (2-A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same: Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report. (3) The licensing authority shall grant: (a) a licence under section 3 where the licence is required: (i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection: Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection. (ii) in respect of a [fire-arm] to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government. (b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.” 18. Sub-Section (3)(a)(i) of Section 13 makes it clear that the licensing authority shall grant a licence under Section 3, where the licence is required by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona-fide crop protection. However, the proviso thereto makes it clear that in cases where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection. However Sub clause (ii) there deals with the fire-arms to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government. However Sub clause (ii) there deals with the fire-arms to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government. It is further clear from Section 13(3) that in the aforesaid two circumstances, the authority shall issue a licence to the applicant after making a due enquiry in contemplation of Section 13(2) and (2-A) on being satisfied for grant of the license, and therein, there is no requirement for ascertaining the good reason, as specified in clause (b) of Section 13(3). This is evident from clause (b) due to the qualifying words employed therein that “a license under Section 3 in any other case.” 19. Therefore, it can be seen from clause (ii) of Section 13(3)(a) that a dealer referred to in Section 3(3) of Act, 1959 is not included there. Accordingly it is distinct and clear that the stipulation contained in clause (b) of Section 13(3) for making out a good reason, confines to a licence issued to a dealer referred to in Section 3 (3), and licenses issued under Section 4, Section 5, Section 6, Section 10 or Section 12 of Act 1959. 20. Therefore, the citizens, a rifle club and a rifle association licensed or recognised by the Central Government are excluded from the requirement of the “good reason” contained under Section 13(3) (b). True, the specification contained under Section 13(3)(a)(i) of Act, 1959 is in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection. However, the proviso empowers the authority in any circumstances to vary with the imperative conditions contained under Section 13(3)(a)(i) of the Act, 1959. 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). 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 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. 22. Therefore, reference made by the learned single Judge in the writ petitions as per reference order dated 15th February, 2016 is answered affirmatively to the above extent. 23. Normally and ordinarily, after reference, writ petitions would be sent back to the writ court for consideration in accordance with law. However, fact remains, in all these cases, the applications either for grant or for renewal were declined without adhering appropriately to the provisions of Sections 13, 14 and 15 of Act, 1959 in the manner discussed above. 24. Therefore, we are of the view that instead of sending it back to the writ court, the respective impugned orders in the writ petitions passed by the statutory/appellate authorities can be set aside and the applications can be directed to be reconsidered, bearing in mind the findings and observations contained as above. 25. 24. Therefore, we are of the view that instead of sending it back to the writ court, the respective impugned orders in the writ petitions passed by the statutory/appellate authorities can be set aside and the applications can be directed to be reconsidered, bearing in mind the findings and observations contained as above. 25. Accordingly, we set aside the impugned orders i.e. Ext.P5 order dated 30.10.2015, Ext.P3 order dated 12.11.2014, Ext.P7 order dated 29.10.2015, Ext.P4 order of the District Collector, Kannur, Ext.P6 order dated 09/2015, Ext.P3 order dated 30.12.2015, Ext.P6 order dated 29.11.2014, Ext.P3 order dated 17.07.2014, Ext.P4 order dated 11.12.2015, Ext.P3 order dated 29.12.2015 and Ext.P20 Government Order dated 30.01.2016 respectively in the sequence of the captioned writ petitions and any consequential orders passed on remand by the appellate authority, and direct the primary authority under the Arms Act, 1959 to reconsider all the applications taking into account the findings and observations contained above, at the earliest and at any rate within three months from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to the petitioners. 26. The writ petitions are disposed of as above.