ABOOBAKER V. T. Vs. LAND REVENUE COMMISSIONER, TVM

JUDGEMENT

(1.) The captioned writ petitions are before us on a reference made by a learned single Judge of this Court as per the order dtd. 15/2/2016.

(2.) The subject issue involved in the reference arises under the provisions of the Arms Act, 1959 ('Act, 1959' for short). The learned single Judge doubted the correctness of the judgments of this Court in Muhammed Shafi v. District Collector [2012 (1) KLT 427] and Chandran Nair v. Additional District Magistrate [2015 (1) KHC 351], whereby it was held that grant/refusal of the fire arm licence can only be based on the grounds enumerated under Ss. 14 and 15 of the Act, 1959 respectively.

(3.) According to the learned single Judge, the grant/refusal of licence shall also be taking into consideration the requirements of Sec. 13 (3)(b), which stipulates that a licence under Sec. 3 in any other case or a licence under Sec. 4, Sec. 5, Sec. 6, Sec. 10 or Sec. 12 shall be granted only if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.