JOSE KUTTIYANY Vs. LAND REVENUE COMMISSION AND ORS.

JUDGEMENT

(1.) Aggrieved by Ext. P5 order by which the application of the petitioner for renewal of arms license was rejected, the petitioner has come up before this Court.

(2.) According to the petitioner, the petitioner has been holding an SPBL Gun on the strength of the license No. BL/646/TDA/ID for the SPBL Gun granted to him in the year 1970 and he has been renewing the license from time to time and it was in force till 31.12.2007. The petitioner made an application dated 3.1.2008 to the third respondent for renewal of his gun license. That authority kept the application pending for 25 months and ultimately rejected the same as per Ext. P1 order. The petitioner appealed against the said order before the Ist respondent and Ext. P3 order dated 6.6.2012 was passed remanding the matter for further consideration by the 2nd respondent on the basis of the observations and findings rendered by the appellate authority. As the 2nd respondent did not consider the application even after such specific directions issued by the Ist respondent, the petitioner filed WPC No. 10533/2013 before this Court which resulted in Ext. P4 judgment dated 11.4.2013. The petitioner had produced copy of the judgment along with the copy of the writ petition before the 2nd respondent for due consideration of the matter. However, ignoring the specific directions of this Court and that of the Ist respondent, the 2nd respondent has now passed Ext. P5 order rejecting the application for renewal of license merely on the ground that he has received some adverse reports from the DFO, Nenmara. Hence, the writ petition.

(3.) In the counter affidavit filed by the first respondent, it was contended that the Divisional Forest Officer, Nenmara has reported that the petitioner is an accused in O.R. 9/1999 registered at Kollengode Range and also suspected in O.R. No. 14/2008 in connection with ganja cultivation in the above range. It was contended that the petitioner was heard on 31.7.2013 and considering the report of the Divisional Forest Officer, Nenmara, the first respondent has rejected the petition for reinstating the suspended license of the petitioner.