T T GNANAMURUGAN Vs. PRINCIPAL COMMISSIONER AND COMMISSIONER OF REVENUE ADMINISTRATION CHEPAUK MADRAS

JUDGEMENT

(1.) PETITIONER seeks issuance of Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the Principal Commissioner and Commissioner of Revenue Administration, Chepauk, Chennai made in D.Dis(01) 111293/96 (A.A. No. 216/96) dated 1.4.1997 and the proceedings of the second respondent in K.DiS. 42650/96/03, dated 12.11.1996 and quash the same and to direct the respondents to renew the licence bearing No. 14/U/4 for DBBL Gun for the subsequent periods and pass such further orders.

(2.) PETITIONER is in possession of double barrel Gun from the year 1959 and he has been given licence to possess the same from time to time. Even though originally the licence was issued to possess the Gun throughout India, subsequently, the licence was restricted to Coimbatore District. It is the case of the petitioner that he has been handling the Gun as per the provisions of the Army Act, 1950and the terms and conditions stipulated. While he was away at Madras for nearly a month during 1989, he kept the Gun in the bureau, which remained unlocked. A close relative of the petitioner secured the Gun from PETITIONER's wife by falsely representing that he was in need of the gun for protecting his field from wild animals which was destroying his crops in the field. Believing the said words of the relative, his wife without knowing the consequences handed over the Gun. The close relative misused the said gun which resulted in Criminal Complaint. It is said that the case before the Judicial Magistrate, Pollachi was taken up and ultimately ended in acquittal.

(3.) SECTION 14(1)(b) of the Army Act, 1950provide for the grounds on which renewal application could be rejected, which read thus,