K MUTHUVAIRI Vs. DISTRICT REVENUE OFFICER AND ADDITIONAL DISTRICT MAGISTRATE, RAMANATHAPURAM DISTRICTDISTRICT

JUDGEMENT

(1.) The petitioner has filed the present writ petition to issue a Writ of Certiorarified Mandamus, to quash the order passed by the first respondent in his proceeding in Pa.Mu.Se3/7813/2016, dated 06.12.2017 and consequently to direct the first respondent to renew his gun licence.

(2.) The petitioner was appointed as Constable and joined duty in the Central Reserve Police Force on 10.04.1998. Thereafter, he was allowed to retire from service under the Voluntary Retirement Scheme on 01.11.2011. Earlier, the petitioner has got gun licence from the District Magistrate, Udhampur, Jammu and Kashmir on 17.09.2010 and he has purchased the gun from the authorized dealer viz., Licence No.1/2013, TVD S/DBBI, 12 Bore Gun/NIP Bore Rifle with 100 cartridges bullet and the period of licence got expired on 13.03.2013. Subsequently, it was renewed by the first respondent for a period of three years from 18.03.2013 to 17.03.2016. Thereafter, the petitioner applied for renewal of his gun licence before the first respondent on 11.02.2016, but the first respondent, by the impugned order, dated 06.02.2017, has rejected the same on the ground that a case has been registered against the petitioner on the file of R.S.Mangalam Police Station in connection with Crime No.62 of 2015, for the alleged offence punishable under Sections 448, 294(b), 323, 506(i) I.P.C and under Section 4 of Women Harassment Act. Challenging the same, the present Writ Petition has been filed.

(3.) The learned Special Government Pleader appearing for the respondents filed a counter-affidavit and stated that on the basis of the report submitted by the second respondent/the Superintendent of Police, Ramanathapuram that a criminal case is pending against the petitioner, the first respondent has rejected the renewal of gun licence. It is further stated that the petitioner was afforded with an opportunity of personal hearing before the licensing authority and a deposition was also recorded on 26.05.2017, but the petitioner failed to depose about the criminal case pending against him and thus, the petitioner wantonly tried to conceal about the same and prayed for dismissal of the writ petition.