MATHEW K.VARGHESE Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) REJECTION of application for renewal of gun licence by the first respondent vide Ext.P1 and confirmation of the same vide Ext.P4 by the 4th respondent, is the subject matter of challenge in this writ petition.

(2.) THE petitioner is a retired Assistant Sub Inspector of Police and is an agriculturist now having a good extent of agricultural land near Muvattupuzha. It is stated in paragraph 1 of the writ petition that, for protection of the agricultural crops, the petitioner is in need of a gun and was holding a licenced gun. It is pointed out that, the petitioner was falsely implicated in a criminal case, as a result of which, the licence was not renewed after 1999. The petitioner subsequently came to be acquitted by the trial court as borne by Ext.P2 judgment in the concerned criminal case and thereafter, he approached the first respondent for renewing the licence. Since no steps were taken, the petitioner is constrained to approach this Court by filing W.P.(C) No.23344/2009, which was disposed of directing the application to be considered in accordance with law. Pursuant to the said verdict, the matter was considered by the first respondent, who issued Ext.P3 order dated 15/11/2010, whereby the request of the petitioner was turned down, holding that there was no threat to the life of the applicant, in view of the contents of the reports procured from different corners. The petitioner sought to challenge the said order by filing an appeal before the 4th respondent. After considering the same, the 4th respondent passed Ext.P4 order confirming the decision rendered by the first respondent, which in turn is under challenge in this writ petition.

(3.) THE learned Government Pleader appearing for the respondents submits that, renewal of gun licence cannot be given, as a matter of course, by virtue of the relevant rules and guidelines, as they do exists now, particularly in the light of the security threat from the terrorists and others from different corners. It has to be considered on the basis of merit of each case and renewal can be given only if there is a real threat to the life of the party concerned. It was after considering the same that the application was turned down as per Ext.P3, which came to be re-appreciated by the appellate authority as well, while passing Ext.P4, submits the learned Government Pleader.