IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 12531 of 2010(N) -------------------------- PETITIONER: ------------------- BIJU VINOD,S/O.P.R.KARUNAKARAN, BIJU BHAVAN,THOLICODE.P.O, PUNALOOR-691333. BY ADVS. SRI.P.VIJAYA BHANU SMT.M.M.DEEPA RESPONDENTS: --------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,KOLLAM. 3. THE ADDITIONAL DISTRICT MAGISTRATE, KOLLAM. BY GOVERNMENT PLEADER, SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12531 of 2010(N) -------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE ORDER DATED 07.11.2007 RENEWING THE LICENCE NO.229/XI/2001/KERALA. EXT.P2. COPY OF THE NOTICE DATED 31.01.2008 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P3. COPY OF THE REPLY DATED 01.02.2008 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P4. COPY OF THE TREASURY RECEIPT DATED 24.01.2008. EXT.P4(A) COPY OF THE TREASURY RECEIPT DATED 29./12.2008. EXT.P5. COPY OF THE LETTER DATED 31.12.2008 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P6. COPY OF THE REPRESENTATION DATED 29.06.2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENTS EXHIBITS : NIL ------------------------------------ P.A. TO JUDGE / TRUE COPY / VK ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.12531 OF 2010(N) -------------------------------------------------- Dated this the 22nd day of October, 2010 J U D G M E N T Petitioner was issued Ext.P1 Arms licence and that was being renewed from time to time. While so, he was issued Ext.P2 show cause notice to show cause why the licence granted to him shall not be cancelled. On receipt of Ext.P2, petitioner filed Ext.P5 reply. According to the petitioner orders in pursuance to Ext.P2 have not been passed so far. 2. In the meanwhile as the period of his licence was expiring, he applied for its renewal for the year 2008-09, 2009- 2010. On account of the pendency of the proceedings pursuant to Ext.P2, orders on his application for renewal of licence were not passed. Again for the year 2010-2011, according to the petitioner, though he made an application that was refused to be even accepted. It is in these circumstances the writ petition has been filed. 3. Government Pleader has obtained instructions in the matter and submits that in Ext.P3 reply submitted by the petitioner, he had made reference to an order passed by the Delhi High court and the petitioner was thereupon ordered to WPC.No12531/ 2010 :2 : produce a copy of the said order. It is stated that the petitioner did not produce the same and therefore respondents themselves have obtained a copy of the order. It is stated that further enquiry made by them revealed that the order referred to by the petitioner was stayed by a Division Bench of the Delhi High court. It is stated that the aforesaid enquiry took time and it was therefore, that proceedings pursuant to Exts.P2 and P3 are still remaining pending . 4. Learned Government Pleader submits that since the aforesaid enquiry is over, the respondents will immediately pass orders on Ext.P2 and that depending upon the order on Ext.P2, orders on the renewal applications filed by the petitioner will also be passed. 5. In the light of the submissions thus made by the Government Pleader what requires to be done immediately is that the proceedings pursuant to Ext.P2 should be finalized. Therefore, I direct the 3rd respondent to finalise proceedings pursuant to Ext.P2, duly adverting the contentions raised by the petitioner in Ext.P3 reply and with notice to him. This the 3rd respondent shall do within 3 weeks for production of a copy of the judgment. Depending upon the orders so passed on Ext.P2, the applications made by the petitioner for renewal of his arms license will also be WPC.No12531/ 2010 :3 : dealt with and orders will be passed in accordance with law. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/