P P JOSE Vs. ADDITIONAL DISTRICT MAGISTRATE KOTTAYAM

JUDGEMENT

(1.) The petitioner had been granted a licence under the Arms Act permitting him to hold and possess 25 bore semi auto pistol No. 128455. The said licence was due to expire only on 14-1-1974. On 5-3-1973 the Additional District Magistrate, Kottayam (1st respondent) passed an order revoking the petitioner's licence in purported exercise of the powers of the 1st respondent as licensing authority under S.17(3)(b) of the Arms Act, 1959 (Central Act 54 of 1959), hereinafter referred to as the Act. The petitioner contends that the said action was taken by the 1st respondent without giving to the petitioner any notice or opportunity to show cause against the proposal for cancellation of the licence and that the grounds stated in the order in support of the said action are also totally incorrect and unfounded. This writ petition has been brought by the petitioner seeking to quash the order of cancellation of his licence. Ext. P1 on the ground that it is one passed in contravention of natural justice and hence illegal and void.

(2.) The order Ext. P1 reads:

(3.) It is not disputed that before passing the order Ext. P1 the petitioner had not been given any notice or opportunity of making his representations. In In re The State of Madras, AIR 1957 Mad. 692 , Rajamannar, C. J. had occasion to consider the question whether the licensing authority while exercising its power for cancellation of a licence under S.17 of the Arms Act is obliged to observe the principles of natural justice by giving a notice and hearing to the licensee. The learned Chief Justice stated the legal position to be as follows: