IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 OP.No. 30880 of 2001(A) ------------------------------------- PETITIONER(S): ---------------------- BOBAN MANEY, AKKARAPATHIL HOUSE, SHORNUR ROAD, NAIKKANAL, THRISSUR. BY ADVS. MR.P.VIJAYA BHANU SMT.ROHINI V.MENON RESPONDENT(S): --------------------------- 1. COMMISSIONER, LAND REVENUE, THIRUVANANTHAPURAM. 2. THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR. 3. THE TAHSILDAR, THRISSUR. GOVERNMENT PLEADERMR.T.K.VIPIN DAS THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.30880/2001 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER NO.K.DIS. 18616/C5/93, DT. 19.3.93 OF THE 2ND RESPONDENT, ISSUED TO THE PETITIONER. P2COP ENQUIRY CERTIFICATE ISSUED BY THE C.I., OF POLICE, THRISSUR EAST POLICE STATION, DT. 15.11.96. P3:- COPY OF THE ORDER REF. NO.C5-24928/96 DT. 11.10.99 OF THE 2ND RESPONDENT. P4:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, DT. 19.1.2000. P5:- COPY OF THE SHOW CAUSE NOTICE NO. CR-5826/2000 DT. 16.2.2000 OF THE 2ND RESPONDENT. P6:- COPY OF THE EXPLANATION LETTER SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT, DT. 1.3.2000. P7:- COPY OF THE CERTIFICATE ISSUED BY THE C.I. OF POLICE, THRISSUR EAST, DT. 4.5.2000. P8:- COPY OF THE CERTIFICATE ISSUED BY THE MANAGER (ADMN), MOTHER HOSPITAL (P) LTD., THRISSUR DT. 29.2.2000. P9:- COPY OF THE ORDER OF THE 2ND RESPONDENT DT. 24.4.2000 NO.C5- 5826/2000/K.DIS. P10:- COPY OF THE CHALLAN NO.83 DT. 2.5.2000 ISSUED BY THE SUB TREASURY , THRISSUR. P11:- COPY OF THE ORDER NO.LR.A5.17882/2000/K.DIS DT. 16.5.2001 OF THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL. TRUE COPY P.S. TO JUDGE TSS V.K.MOHANAN, J. ---------------------------------------------- O.P. No.30880 OF 2001 ---------------------------------------------- Dated, 2nd June, 2009 JUDGMENT The petitioner is the licence holder of SBBL gun bearing weapon No.46948 as per the licence No.139/TSR issued under the Indian Arms Act, 1959 and Indian Arms Rule 1962. Ext.P1 is the letter granting licence as aforesaid. The grievance of the petitioner is that by Ext.P9, the licence was cancelled and on appeal against the said order, the appeal was also dismissed confirming Ext.P9 order. Therefore he approached this Court with a prayer to quash Exts.P9 and P11 and also prayed for a direction to release the gun of the petitioner deposited as per Ext.P9. 2. I have heard the learned counsel for the petitioner as well as the learned Government Pleader. 3. It is not disputed that the petitioner is the holder of a valid licence with respect to the above mentioned weapon and on his application, the licence was renewed up to the period 31.12.2001 as per the proceedings dated 11.10.99 issued by the authority. While renewing the licence, the petitioner was directed to produce the weapon with licence before the O.P.30880/01 -:2:- Tahsildar and the Station House Officer of the concerned police station before 30.11.99. But the petitioner failed to produce the weapon as directed. Subsequently, he filed an application on 19.1.2000 as per Ext.P4 seeking time. In the meanwhile, show cause notice dated 16.2.2000 was issued and hearing was held on 5.4.2000. Dissatisfied with the explanation offered by the petitioner that he could not produce the weapon before the concerned authorities as directed as his mother was laid up and was hospitalised, the licence was cancelled as per Ext.P9 order. 4. Now, the learned counsel for the petitioner submitted that the period of licence has already expired and the authority concerned may be directed to consider the application to be filed by the petitioner for fresh licence, untrammelled by any of the observations contained in Ext.P9 and P11, for the said weapon. There is no allegation against the petitioner that he had misused the weapon in violation of any of the conditions imposed while granting the licence. There is also no case that neither the petitioner nor the weapon in question is involved in any criminal case. The only allegation is that the petitioner has failed to produce O.P.30880/01 -:3:- the weapon in question before the authorities as directed within the stipulated time. By producing Ext.P7, it is submitted that the weapon in question was deposited in the Thrissur east police station on 3.9.99 in connection with the parliament election that taken place during the year 1999 and the same was in the custody of the said police till 18.1.2000. There is no dispute regarding that aspect. As evidenced by Ext.P4, the petitioner had filed an application on 19.1.2000 seeking time and also produced the weapon. It was in the meanwhile the show cause notice was issued which culminated in Exts.P9 and P11 orders. Thus it is borne out from the records that the licence once granted to the petitioner has expired on 31.12.2001 and thereafter no application, either for renewal or for fresh licence, was preferred by the petitioner. Therefore, it is for the petitioner to approach the competent authority for fresh licence for the weapon i.e., SBBL Gun bearing weapon No.46948. Accordingly, there will be a direction to the respondent concerned, in case the petitioner prefers an application before him within 45 days from today for fresh licence for the weapon, i.e., SBBL Gun bearing weapon No.46948, the same shall be considered on merit and dispose O.P.30880/01 -:4:- of the same untrammelled by any of the observations and findings contained in Exts.P9 and P11. The Original petition is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- O.P.30880/01 -:5:- V.K.MOHANAN, J. O.P.NO.30880 OF 2001 JUDGMENT Dated: 2.6.2009