IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 32845 of 2009(A) -------------------------- PETITIONER(S): --------------- TOMY JACOB, AGED 53 YEARS, S/O. T.D. CHACKO, MUTTATHU HOUSE, PONTHANPUZH, KARIKKATTOOR, MANIMALA, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM. 3. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. 4. THE SUB INSPECTOR OF POLICE, MANIMALA, KOTTAYAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).32845/2009 -------------------- Dated this the 17th day of November, 2009 JUDGMENT The petitioner possessed an arms licence issued under the provisions of the Arms Act, 1959. The licence was valid upto 7.10.2008. The petitioner had, even before the validity of the licence expired, submitted an application dated 6.10.2008 seeking renewal of the arms licence. The grievance voiced by the petitioner in this writ petition is that though more than one year has passed after he applied for renewal of licence, till date orders have not been passed on the said application. In this writ petition, the petitioner seeks a direction to the second respondent to pass orders on the application for renewal of Ext.P3 arms licence within a time limit to be fixed by this Court. 2. The learned Government Pleader appearing for the respondents submits that criminal cases are pending against the petitioner and therefore he is not entitled to seek a renewal of the arms licence. He submits that the petitioner's application for renewal of the arms licence can be considered only after the criminal cases are disposed of. W.P.(C).32845/09 2 In my opinion, if the petitioner is not entitled for renewal of arms licence, it is for the licensing authority to pass orders rejecting the application for renewal. If the application for renewal is rejected, the petitioner can move the appellate authority challenging the order of the licensing authority declining to grant renewal. I therefore, find no justification on the part of the second respondent in not passing orders on the petitioner's application for renewal of Ext.P3 arms licence. In such circumstances, I dispose of this writ petition with a direction to the second respondent to consider the petitioner's application for renewal of Ext.P3 arms licence and pass orders thereon within two months from the date on which the petitioner produces a certified copy of this judgment before him, after affording the petitioner a reasonable opportunity of being heard in person. The second respondent shall after orders are passed communicate a copy thereof to the petitioner expeditiously. P.N.RAVINDRAN, Judge mrcs