IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 25389 of 2011(W) -------------------------- PETITIONER: ------------------ C.M. JOSEPH, CHOORAPUZHA ESTATE, EDIVANNA P.O., NILAMBUR, MALAPPURAM DISTRICT-679 329. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETRY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE, MALAPPURAM DISTRICT, MALAPPURAM-676505. 3. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM-676505. BY SENIOR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25389 of 2011(W) --------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE LICENCE RENEWAL APPLICATION DATED 9.12.2004 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2. COPY OF THE LICENCE RENEWAL APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 10.12.2007. EXT.P3. COPY OF THE CMMUNICATION UNDER REF. NO.E1-62939/04(2) DATED 3.01.2008 SENT BY THE 3RD RESPONDENT TO THE DFO, NILAMBUR. EXT.P4. COPY OF THE COMMUNICATION UNDER REF. NO.E1-62939/2004 DATED 24.11.2009 SENT BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P5. COPY OF THE LICENCE RENEWAL APPLICATION DATED 29.11.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6. COPY OF THE LETTER NO.E1-63008/10 DATED 19.07.2011 SENT BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P7. COPY OF THE COMMUNICATION DATED 2.08.2011 ADDRSSED TO THE 3RD RESPONDENT BY THE PETITIONER. EXT.P8. COPY OF THE ORDER IN PROCEEDINGS NO.E1-62630/20/K.DIS. DATED 19.08.2011 PASSED BY THE 3RD RESPONDENT. EXT.P9. COPY OF THE ELECTRONIC RESERVATION SLIP OBTAINED BY THE PETITIONER FOR HIS TRAIN JOURNEY ON 26.07.2011 FROM COIMBATORE TO CHENNAI CENTRAL. EXT.P10. COPY OF THE BOARDING PASS ISSUED TO THE PETITIONER ON 29.07.2011 BY SPICE JET AIRLINES FO FOR THE PETITIONER'S RETURN JOURNEY FROM CHENNAI TO COIMBATORE EXT.P11. COPY OF THE POSTAL COVER ADDRESSED TO THE PETITIONER WITH THE ENDORSEMENTS. RESPONDENT'S EXHIBITS : NIL --------------------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J ....................................................... W.P.(C).25389/2011 .............................................. Dated this the 26th day of September, 2011 JUDGMENT The challenge in the writ petition is against Ext.P8, an order passed by the third respondent declining renewal of Arms licence. Petitioner submits that he had an All India Gun Licence which was issued in the year 1976. It is stated that subsequently, the area of the licence was ordered to be confined to the Southern States and the licence was also renewed successively till 31.12.2010. He made an application for its renewal and he was issued Ext.P6 letter, calling for an enquiry on 27.7.2011. According to the petitioner, the letter was addressed to his parental home and was redirected and delivered to him only on 1.8.2011. It is stated that immediately, he sent Ext.P7 letter intimating the same to the third respondent. Despite that, by Ext.P8 order, renewal and restoration of All India Gun licence was declined. It is in the aforesaid circumstances, the writ petition is filed. 2. From the facts pleaded and the materials produced itself, it is obvious that Ext.P8 order was passed without affording the petitioner an opportunity of hearing on account of the fact that W.P.(C).25389/2011 2 Ext.P6 letter was delivered to him belatedly, for no deliberate latches on the part of the petitioner. In such circumstances Ext.P8 has been issued in violation of the principles of natural justice and for that reason, I am inclined to think that the matter needs re- consideration by the third respondent with notice to him. In order to enable the third respondent to pass such orders, Ext.P8 will stand set aside and it is directed that on the petitioner producing a copy of this judgment along with a copy of the writ petition, the third respondent will re-consider Ext.P5 application made by the petitioner with notice to him and fresh orders in the matter shall be passed, in accordance with law. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs