IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.8.2008 C O R A M : THE HONOURABLE MR.A.K.GANGULY, THE CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE F.M.IBRAHIM KALIFULLA W.A.No.774 of 2008 and M.P.No. 1 of 2008 The Commissioner of Police, Chennai Police, Egmore, Chennai-600 008. ... Appellant -vs- V.P.Kalairajan ... Respondent PRAYER : Appeal filed against the order dated 03.6.2008 made in W.P.No.157 of 2008 on the file of this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings in Rc.No.E.11(2)/377/103423/2006 dated 11.12.2007 on the file of the first respondent and quash the same and direct him to grant the Petitioner a revolver licence and award costs and damages. For appellant : Mr.J.Raja Kalifulla, G.P. For respondent : No appearance *** J U D G M E N T (JUDGMENT OF THE COURT WAS DELIVERED BY THE HONOURABLE THE CHIEF JUSTICE) Heard the learned counsel for the appellant. Despite notice, nobody appears for the sole respondent, who filed the writ petition before the Writ Court. https://hcservices.ecourts.gov.in/hcservices/ 2. This writ appeal has been filed by the Commissioner of Police, Chennai, against an order dated 03.6.2008 passed by a learned Single Judge in W.P.No.157 of 2008. In the writ petition, an order dated 11.12.2007 passed by the appellant herein was challenged. By the said order, the appellant before us has refused to grant arms licence to the sole respondent to possess a revolver for his self-protection and safety. The said rejection was inter alia on the ground that there are three criminal cases in various police stations in Chennai City pending against the sole respondent. It also appears from the order that an opportunity was given to the sole respondent to appear for personal hearing and pursuant thereto, the respondent appeared for personal hearing. In the personal hearing, it was stated that the cases in which he was involved are bailable cases and he is involved in those cases in connection with public causes. However, despite the said explanation, the appellant, considering the report of the Field Officers and the report of the local police, denied the licence to the respondent. Challenging the said order, the writ petition was filed. 3. It may be mentioned in this connection that against any refusal to grant arms licence, there was a statutory provision under the Arms Act, 1959 for filing an appeal. Section 18 of the Arms Act makes the said provision. Admittedly, no appeal was filed and the writ petition was entertained, even though the said statutory remedy was not exhausted. It is well settled that when a special right is created under a statute, viz., the right to get an arms licence and in the case of denial of such right, when a special remedy is provided under the statute, as in this case, under Section 18 of the Arms Act, such rights and privileges are given uno flato. Therefore, in such cases, the exhaustion of statutory remedy is also to be insisted by the Court unless there is an extreme case where such statutory remedy becomes inoperative. No such case was made in the writ petition. Unfortunately, this fact situation was not made known to the learned Single Judge and, as such, it was not considered by His Lordship. 4. For the reasons aforesaid, we allow this writ appeal and dismiss the writ petition. The order passed by the learned Single Judge is set aside. However, this will not prevent the writ petitioner/respondent to file, if so advised, an appeal under Section 18 of the Arms Act before the appropriate authority. If such an appeal is filed within a period of 30 days from today, the appellate authority shall consider the same, without insisting on the period of limitation, since the matter has been kept pending before this Court for quite some time. https://hcservices.ecourts.gov.in/hcservices/ 5. The appeal is thus allowed with the aforesaid liberty. Consequently, the connected miscellaneous petition is closed. There will be no order as to costs. js Sd/- Assistant Registrar / True Copy / Sub. Assistant Registrar To The Commissioner of Police, Chennai Police, Egmore, Chennai-600 008. 1 cc to the Government Pleader, SR.44887 ssv (co) dv/25.8. W.A.No.774 of 2008 and M.P.No.1 of 2008 https://hcservices.ecourts.gov.in/hcservices/