LAWS(KER)-2019-2-259

PAYANTHONTH MOOSA Vs. COMMISSIONER OF LAND

Decided On February 05, 2019
Payanthonth Moosa Appellant
V/S
Commissioner Of Land Respondents

JUDGEMENT

(1.) The petitioner has approached this Court seeking the following reliefs:-

(2.) Heard learned counsel for the petitioner and the learned Government Pleader.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner is an owner of pistol, which has been in possession of his father for the past more than 50 years. It is stated that after the death of petitioner's father in 1976, the petitioner had been renewing the arms licence and was in possession of the firearm for his own protection and for crops protection. When the petitioner submitted an application for renewal of licence on 14.11.2012, the same was rejected on the ground that the petitioner does not face any threat to his life or property. Though the petitioner preferred Ext.P3 appeal against the order, the same is also rejected by Ext.P4 stating an additional ground that the petitioner is not entitled to renew arms licence in view of the provisions of Section 34 of the Wild Life Protection Act, 1972. The learned counsel for the petitioner would submit that the issue of renewal of arms licence is liable to be considered in terms of the Section 15 of the Arms Act, 1959. It is stated that the only reasons for refusal of licences or for renewal or for refusal of renewal of licence are as provided in section 14 of the Act. Section 14 of the Arms Act reads as follows:-