BALAKRISHNAN AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging Ext.P4 order passed by the respondent viz., the District Collector, Wayanad dated 10.3.2017 under the Arms Act and Rules, by which, the request of the licence sought for by the petitioner for one 12 Bore SBBL gun was declined. According to the petitioner, petitioner is an agriculturist, who was holding the gun licence since 1982. Petitioner has applied for renewal of gun licence before the respondent and vide proceedings dated 20.5.2014 the gun licence was cancelled in spite of requisition. Aggrieved by the said order, petitioner preferred an appeal before the Land Revenue Commissioner and the Land Revenue Commissioner as per order dated 4.12.2015 remanded the matter back to the respondent for re-consideration in accordance with the provisions of section 14 of the Arms Act, 1959. However, according to the petitioner, without taking into account the provisions of law and the directions issued by the appellate authority, Ext.P4 order is issued declining licence on the ground that, once a cartridge is loaded to the gun, the removal of the same is impossible and petitioner is not healthy enough to handle the gun. It is the contention of the petitioner that, the findings rendered by the respondent in Ext.P4 is illegal and cannot be sustained under law. Petitioner has also produced Ext.P6 photograph of the petitioner to establish that, petitioner is a healthy person entitled to handle the gun.

(2.) A statement is filed by the District Collector apparently reiterating the stand adopted in Ext.P4 and stating that, a loaded gun with a cartridge is unsafe, and endanger human life. Therefore, petitioner is incompetent to handle the said gun.

(3.) Heard learned counsel for petitioner and learned Government Pleader and perused the pleadings and documents on record.