IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 20224 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------- SHAJI PHILIP K.J., AGED 47 YEARS, S/O.LATE P.JOSEPH, KULANGARA HOUSE, AYANUR, KAMBALOOR POST, VIA CHERUPUZHA, KASARAGOD DISTRICT BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. COMMISSIONER, LAND REVENUE, MUSEUM JUNCTION, THIRUVANANTHAPURAM-695 033. 3. DISTRICT COLLECTOR, KASARAGOD-671 603. 4. BOARDER SECURITY FORCE, SRINAGAR (KASHMIR), REPRESENTED BY ITS INSPECTOR GENERAL, HEADQUARTER 138 BN.BSF, BERERI NOWSHERA, POST NOWSHERA, RAJOURI DISTRICT, JAMMU AND KASHMIR-185 151. 5. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI-110 001. R1 TO R3 BY GOVERNMENT PLEADER SMT.M.J.RAJASHREE R4 & R5 BY ADV.SRI.P.PARAMESWARA NAIR,ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20224/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTIFICATION PUBLISHED IN THE GAZETTE DATED 8/12/2004. P2 COPY OF THE COMMENDATION CARD ISSUED BY THE IG OF POLICE DATED 14/6/2002. P3 COPY OF THE PISTOL LICENSE P4 COPY OF THE REQUEST DATED 10/3/2010 MADE THROUGH THE PETITIONER'S COMMANDANT. P5 COPY OF THE RECOMMENDATION LETTER ISSUED IN SEPTEMBER 2007 BY PETITIONER'S COMMANDANT DATED 28/9/10. P6 COPY OF THE COMMUNICATION FROM THE OFFICE OF THE SUPERINTENDENT OF POLICE DATED 19/9/2008 ISSUED TO THE DISTRICT MAGISTRATE IN WEST BENGAL ALONG WITH POLICE VERIFICATION REPORT DATED 30/8/08. P7 COPY OF THE ORDER OF DISTRICT MAGISTRATE DATED 21/08/2010. P8 COPY OF THE ORDER OF COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM DATED 06/06/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 20224 OF 2011 ----------------------------------------------------- Dated this the 17th day of August , 2011 J U D G M E N T Petitioner is a Head Constable presently serving in 138 Battalion of Boarder Security Force and he is deployed on counter insurgency role in Ramban District of Jammu And Kashmir. It appears that the petitioner hails from Kasaragod District and owns 1.75 acres of land in his village. According to the petitioner he has already applied for voluntary retirement from service and once he has come back to Kasaragod to settle down in his native place, there is a possibility of threat to his life. Therefore he made an application for a licence under the Arms Act. That request of the petitioner was rejected by Ext.P7 order of the District Magistrate. He filed an appeal before the 2nd respondent. That was also rejected by Ext.P8. Both Exts.P7 and P8 shows that there is no threat against the W.P.(C) No. 20224 OF 2011 :2 : life of the petitioner and it was therefore those applications were rejected. 2. On the material available I see no reason to deviate from the view taken either by the original authority or the Appellate Authority. However, if as stated by the petitioner on his discharge from service or on the voluntary retirement, if he settles down in Kerala and faces any real threat to his life as apprehended, I clarify that irrespective of Exts.P7 and P8, it will be open to the petitioner to apply for licence, in which event that will be dealt with by the concerned authorities in accordance with law. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-