IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 36269 of 2009(C) -------------------------------------- PETITIONER(S): ------------------------ C.A.ABDUL KARIM,S/O.ABOOBACKER, AGED 53 YEARS,CHERADIYIL HOUSE,S.N.NAGAR, IRINJALAKUDA,THRISSUR DISTRICT. BY ADV. SRI.RENJITH THAMPAN RESPONDENT(S): --------------------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, THRISSUR. 2. THE SUPERINTENDENT OF POLICE,THRISSUR. 3. THE SUB INSPECTOR OF POLICE, IRINJALAKUDA. 4. THE DISTRICT COLLECTOR,THRISSUR. R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36269/2009 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RECEIPT NO.C5-65397/07 DTD. 29/11/2007 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. P2: COPY OF THE COMMUNICATION NO.C5-65397/07 DTD. 12/02/2009 ISSUED BY THE 1ST RESPONDENT. P3: COPY OF THE REPLY DTD. NIL SUBMITTED BEFORE THE 1ST RESPONDENT. P4: COPY OF THE COMMUNICATION NO.C5-65397/07 DTD. NIL ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. P5: COPY OF THE OBJECTION NO.C5-65397/07 DTD. 20/08/2009. P6: COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA IN CC NO.1153/2008 DTD. 18/06.2008. P7: COPY OF THE ORDER NO.K.DIS.65397/07/C5 DTD. 08/09/2009 PASSED BY THE 1ST RESPONDENT. P8: COPY OF THE JUDGMENT DTD. 05/10/2009 IN WP(C) NO.27700 OF 2009 PASSED BY THIS HON'BLE COURT. P9: COPY OF THE ORDER PASSED BY THE LAND REVENUE COMMISSIONER IN LRA5-44688/09 DTD. 01/12/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------------------------- W.P.(C) No. 36269 of 2009- C ----------------------------------------------------------- Dated this 27th day of June, 2011 J U D G M E N T The petitioner was possessing two gun licenses. He made an application for its renewal. That was rejected by Ext.P7 order. The reasons stated in Ext.P7 was that when the application was sent to police for enquiry and report, the Superintendent of Police, Thrissur reported that the petitioner was an accused in Crime No. 811/07 of the Irinjalakuda Police Station and the case was compounded under S.320(8) of the Cr.P.C. and that compounding cannot be considered as a finding of not guilty. Against this order, the petitioner filed an appeal before the Land Revenue Commisioner, which was rejected by Ext.P9 order. In Ext.P9 also, the aforesaid reasons stated in Ext.P7 is reiterated. Challenging Exts.P7 and P9, this writ petition is filed. 2. The petitioner relies on Ext.P6 judgment rendered by the Judicial First Class Magistrate, Irinjalakuda in C.C. No. 1153/08, which arose Crime No. 811/07 also. A reading of this judgment shows that it was after the case was tried, the petitioner was acquitted of the charges on the basis that the prosecution could not establish the offences against 2 W.P.(C)36269/09 him. Therefore, the findings in Exts.P7 and P9 that the case was compounded is factually erroneous. In that view of the matter, Exts. P7 and P9 cannot be sustained. 3. Therefore, I quash Exts. P7 and P9 and direct that the application made by the petitioner for renewal of gun licenses shall be reconsidered by the 1st respondent duly adverting to Ext.P6 judgment referred to above and fresh orders in the matter shall be passed after affording an opportunity of hearing to the petitioner. 4. Orders shall be passed as expeditiously as possible, at any rate, within 8 weeks on production of a copy of this judgment. The writ petition is disposed of as above. Sd/- Antony Dominic, Judge. rka 3 W.P.(C)36269/09