Kerala High Court
Thomas Mani vs The District Collector on 15 February, 2022
Author: Shaji P. Chaly
Bench: S.Manikumar, Shaji P.Chaly
W.P.(C) No. 35111/2015 & batch :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 35111 OF 2015
PETITIONER/S:
V.T.ABOOBAKER
AGED 40 YEARS
ASHRAF MANZIL, HOUSE NO 26/1891,THIRUVANNUR P.O.,
KOZHIKODE-673 029
BY ADV SRI.T.G.RAJENDRAN
RESPONDENT/S:
1 THE LAND REVENUE COMMISSIONER
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR
KOZHIKODE-673 306
3 THE ADDITIONAL DISTRICT MAGISTRATE
KOZHIKODE-673 306
4 THE DISTRICT POLICE CHIEF
KOZHIKODE-673 306
SRI. TEK CHAND SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WP(C). NOS. 37989, 38489, 39221 & 39258 of
2015 & 1242, 1508, 2288, 2348 3690 & 5218 of 2016, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35111/2015 & batch :2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 37989 OF 2015
PETITIONER/S:
PRINTO P.T.
S/O. THOMAS, PANAMKULATHUKARAN HOUSE, CHENGALLUR P.O.,
THRISSUR-682 312.
BY ADVS.
SRI.SAJI KURIACHAN
SRI.M.R.NANDAKUMAR
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, THRISSUR
680 001.
2 THE COMMISSIONER OF LAND REVENE
THIRUVANANTHAPURAM-685 033.
BY ADV GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WP(C).35111/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35111/2015 & batch :3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 38489 OF 2015
PETITIONER/S:
MOHAMMED SHAMEER
S/O.LATE ABOOBACKER,THONDIYIL
HOUSE,THARISHU.P.O,KARAVARAKUNDU,MALAPPURAM DISTRICT,
PIN-676 523.
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SRI.A.SANTHOSHKUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HOME
DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE
COLLECTORATE,MALAPPURAM,PIN-676 505.
3 THE DISTRICT POLICE CHIEF
MALAPPURAM-676 505.
4 THE DIVISIONAL FOREST OFFICER
OFFICE OF THE DIVISIONAL FOREST OFFICE,NILAMBUR SOUTH
DIVISION,MALAPPURAM-679 329.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WP(C).35111/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35111/2015 & batch :4:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 39258 OF 2015
PETITIONER/S:
FR. JOSEPH KAVANADI
AGED 51 YEARS
MANAGER, SAN MARIA ESTATE, KEEZHPALLY P.O., KANNUR DISTRICT.
BY ADV SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL)
RESPONDENT/S:
THE DISTRICT MAGISTRATE
KANNUR-670 002.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WP(C).35111/2015 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35111/2015 & batch :5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 39221 OF 2015
PETITIONER/S:
THOMAS MANI
S/O.MANI, KALAPPURAYIL HOUSE, ALAKKODE.P.O., KANNUR
DISTRICT.
BY ADV SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL)
RESPONDENT/S:
THE DISTRICT COLLECTOR,
KANNUR-670 002.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WP(C).35111/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35111/2015 & batch :6:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 39258 OF 2015
PETITIONER/S:
FR. JOSEPH KAVANADI
MANAGER, SAN MARIA ESTATE, KEEZHPALLY P.O., KANNUR DISTRICT.
BY ADV SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL)
RESPONDENT/S:
THE DISTRICT MAGISTRATE
KANNUR-670 002.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WP(C).35111/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35111/2015 & batch :7:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 1242 OF 2016
PETITIONER/S:
P.K.WILSON
PANJIKKARAN HOUSE, PERINCHERY P.O., THRISSUR.
BY ADVS.
SRI.SAJI KURIACHAN
SRI.M.R.NANDAKUMAR
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
THRISSUR-680 001.
2 THE COMMISSIONER OF LAND REVENUE,
THIRUVANANTHAPURAM-685 033.
BY ADV SRI. TEK CHAND, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WP(C).35111/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35111/2015 & batch :8:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 1508 OF 2016
PETITIONER/S:
KUNJUMON JOSEPH
PUTHENPARAMBIL HOUSE, KALTHEPALA SOUTH, KARUMADY P.O., PIN
688 561, ALAPPUZHA DISTRICT.
BY ADVS.
SRI.T.P.SAJAN
SRI.M.MOHAMED NAVAZ
SRI.P.SANTHOSH KUMAR TR
RESPONDENT/S:
1 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE,
ALAPPUZHA, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
ALAPPUZHA, COLLECTORATE P.O., PIN 688 001.
2 THE SUPERINTENDENT OF POLICE
O/O THE SUPERINTENDENT OF POLICE, ALAPPUZHA, COLLECTORATE
P.O., PIN 688 001.
BY ADV SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WP(C).35111/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35111/2015 & batch :9:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 2288 OF 2016
PETITIONER/S:
K.C.VASUDEVAN
H.NO.9/52, USHA NIVAS, MISSION QUARTERS, THRISSUR-680 001.
BY ADVS.
SRI.SAJI KURIACHAN
SRI.M.R.NANDAKUMAR
RESPONDENT/S:
1 THE DISTRICT COLECTOR, THRISSUR
PIN-680 001.
2 THE COMMISSIONER OF LAND REVENUE
THIRUVANANTHAPURAM-685 033.
BY ADV GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WP(C).35111/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35111/2015 & batch : 10 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 3690 OF 2016
PETITIONER/S:
JOLLY K. JOHN
KOOTTUNGAL HOUSE, MANJALLOOR KARA, VAZHAKULAM
POST,MUVATTUPUZHA.
BY ADVS.
SRI.MATHEW JOHN (K)
SRI.DOMSON J.VATTAKUZHY
RESPONDENT/S:
1 THE LAND REVENUE COMMISSIONER
PUBLIC OFFICE BUILDING, MUSEUM
JUNCTION,THIRUVANANTHAPURAM - 33.
2 THE DISTRICT COLLECTOR
ERNAKULAM - 682 011.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WP(C).35111/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35111/2015 & batch : 11 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 5218 OF 2016
PETITIONER/S:
C.GEORGE PANICKER
AGED 61 YEARS
M.E.R.A.22, MAHADEVA ENCLAVE, ANAYARA PO, PETTAH,
THIRUVANANTHAPURAM, PIN 695 029.
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.S.A.ANAND
SMT.L.ANNAPOORNA
SRI.K.A.BALAN
SRI.PETER JOSE CHRISTO
SMT.N.SANTHA
RESPONDENT/S:
1 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.
2 DISTRICT COLLECTOR AND DISTRICT MAGISTRATE
COLLECTORATE, KOLLAM, PIN 691 001.
3 DISTRICT POLICE CHIEF
THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM, PIN 695 014.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, ALONG WITH WP(C).35111/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 35111/2015 & batch : 12 :
'C.R'
Dated this the 15th day of February, 2022.
JUDGMENT
[W.P.(C) Nos. 35111, 37989, 38489, 39221 & 39258 of 2015 & 1242, 1508, 2288, 2348, 3690 & 5218 of 2016] SHAJI P. CHALY.J. The captioned writ petitions are before us on a reference made by a learned single Judge of this Court as per the order dated 15 th February, 2016.
2. The subject issue involved in the reference arises under the provisions of the Arms Act, 1959 ('Act, 1959' for short). The learned single Judge doubted the correctness of the judgments of this Court in Muhammed Shafi v. District Collector [2012 (1) KLT 427] and Chandran Nair v. Additional District Magistrate [2015 (1) KHC 351], whereby it was held that grant/refusal of the fire arm licence can only be based on the grounds enumerated under Sections 14 and 15 of the Act, 1959 respectively.
3. According to the learned single Judge, the grant/refusal of licence shall also be taking into consideration the requirements of Section 13 (3)(b), which stipulates that a licence under Section 3 in any other case or a licence under Section 4, Section 5, Section 6, Section 10 or Section 12 shall be granted only if the licensing authority W.P.(C) No. 35111/2015 & batch : 13 : is satisfied that the person by whom the licence is required has a good reason for obtaining the same.
4. Therefore, according to the learned single Judge, on a combined reading of Section 13(3)(b) with Sections 14 and 15(3) of the Act 1959, it can be seen that the authority has to be satisfied that there exists "good reason" for grant as well as renewal of licence, apart grounds referred to in Section 14. With the above view, the learned single Judge has observed that, in the judgments in Muhammed Shafi and Chandran Nair (supra), the impact of Section 13(3)(b) of the Act, 1959 has not been taken into consideration while granting and renewing the fire- arm licence.
5. Therefore, after assimilating the legal circumstances, the learned single Judge was of the opinion that absence of any of the grounds referred to in Section 14 of Act, 1959, would not entitle any automatic renewal of licence, unless it is felt that there exists "good reason" for granting or renewing the licence. It was, accordingly, that the writ petitions are referred for an authoritative pronouncement by a Bench of superior strength.
6. We have heard the learned counsel for the petitioners Sri. K.M. Sathyanatha Menon, Sri. Saji Kuriachan, Sri. Peter Jose Christo and others, and the learned Senior Government Pleader Sri. Tek Chand for the State and its officials, and perused the pleadings and materials W.P.(C) No. 35111/2015 & batch : 14 : on record.
7. In order to have a proper understanding of the issues referred to by the learned single Judge, it is better that the relevant provisions of the Act, 1959 are deliberated and discussed.
8. The Act, 1959 has undergone various amendments, the last of which being the Amendment Act 48 of 2019. Arms Act, 1959 was enacted to consolidate and amend the law relating to arms and ammunition. The Act, 1959 and the Rules thereto regulate the acquisition, possession, use, manufacture, transfer, sale, transport, export and import of arms and ammunition and punishment for contravention of the provisions of the Act, in order to curb illegal weapons and violence stemming from them. Amendments were brought to this statute in order to tackle the situations that occurred during the course of time.
9. The term "fire-arms" is defined under Section 2(1)(e) to mean arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes the arms referred to therein. Section 3 of Chapter II deals with 'licence for acquisition and possession of fire- arms and ammunition' and it reads thus:
"3. Licence for acquisition and possession of fire-arms and ammunition.― [(1)] No person shall acquire, have in his possession, or carry any fire-arm or ammunition unless he holds in this behalf a W.P.(C) No. 35111/2015 & batch : 15 : licence issued in accordance with the provisions of this Act and the rules made thereunder:
Provided that a person may, without himself holding a licence, carry any fire-arm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder.
[(2) Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than three firearms:
Provided that a person who has in his possession more fire-arms than three at the commencement of the Arms (Amendment) Act, 2019, may retain with him any three of such fire-arms and shall deposit, within one year from such commencement, the remaining fire-arms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year.
Provided further that while granting arms licence on inheritance or heirloom basis, the limit of two fire-arms shall not be exceeded.
(3) Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice.
(4) The provisions of sub-sections (2) to (6) (both inclusive) of section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit of any arm or ammunition under sub-section (1) of that section.]"
10. Section 4 deals with 'licence for acquisition and possession of arms of specified description in certain cases, which specifies that if the Central Government is of the opinion that having regard to the W.P.(C) No. 35111/2015 & batch : 16 : circumstances prevailing in any area, it is necessary or expedient in the public interest that the acquisition, possession or carrying of arms other than fire-arms should also be regulated, it may, by notification in the Official Gazette, direct that the said section shall apply to the area specified in the notification, and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification, unless he holds in that behalf a licence issued in accordance with the provisions of the Act and the rules made thereunder.
11. Section 6 deals with 'licence for the shortening of guns or conversion of imitation firearms into fire-arms; Section 10 deals with 'licence for import and export of arms, etc., and Section 12 deals with 'power to restrict or prohibit transport of arms'. These are the provisions basically referred to in Section 13(3)(b) of the Act, 1959 and it was relying upon the same, the learned single Judge doubted the correctness of the judgments in Muhammed Shafi and Chandran Nair (supra).
12. We will deal with Section 13 of the Act, 1959, after referring to the provisions of Sections 14 and 15 of the Act, 1959. Section 14 deals with 'refusal of licences', which reads thus:
"14. Refusal of licences.―(1) Notwithstanding anything in section 13, the licensing authority shall refuse to grant―
(a) a licence under section 3, section 4 or section 5 where such licence W.P.(C) No. 35111/2015 & batch : 17 : is required in respect of any prohibited arms or prohibited ammunition;
(b) a licence in any other case under Chapter II,―
(i) where such licence is required by a person whom the licensing authority has reason to believe--
(1) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or (2) to be of unsound mind, or (3) to be for any reason unfit for a licence under this Act; or
(ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence. (2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.
(3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement."
13. Section 15 deals with the duration and renewal of licence, which reads thus:
"15. Duration and renewal of licence.―(1) A licence under section 3 shall, unless revoked earlier, continue in force for a period of five years from the date on which it is granted:
Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period.
Provided further that the licence granted under Section 3 shall be subject to the conditions specified in sub-clauses (ii) and (iii) of clause
(a) of sub-section (1) of section 9 and the licensee shall produce the licence along with the fire-arm or ammunition and connected W.P.(C) No. 35111/2015 & batch : 18 : document before the licensing authority after every five years from the date on which it is granted or renewed.
(2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the date on which it is granted as the licensing authority may in each case determine.
(3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof."
14. The judgments in Muhammed Shafi and Chandran Nair (supra) dealt with the grounds under which refusal of licence can be made as provided under Section 14 and it was held that since there are specific grounds mentioned in Section 14, a fire licence or renewal cannot be done for any other reasons. But, on a deeper analysis of Section 15(3) of the Act, 1959, it is clear that every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of Sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof.
15. Therefore, one thing is clear, even for a renewal, the provisions of Sections 13 and 14 shall be taken into consideration.W.P.(C) No. 35111/2015 & batch : 19 :
Insofar as Section 14 dealing with refusal of licence is concerned, it starts with a non obstante clause that notwithstanding anything contained in Section 13, the licensing authority shall refuse to grant a licence under Section 3, Section 4 or Section 5, where such licence is required in respect of any prohibited arms or prohibited ammunition, and for the other reasons specified thereunder.
16. In our view, clause (i) of Section 3 (a) deals with licence for acquisition and possession of fire-arms and ammunition by an individual/citizen; whereas, clause (ii) of Section 3(a) deals with licence to any member of a rifle club or rifle association licensed or recognised by the Central Government for using a firearm for target practice.
17. That apart, on an analysis of the provisions of Section 13, a clear distinction is discernible between the licences issued to the individuals, and different bodies in the matter of different firearms. This we say because, Section 13 of Act, 1959 makes a clear distinction between the licences issued to the citizens and others. Section 13 reads thus:
"13. Grant of licences.―(1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.
[(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on W.P.(C) No. 35111/2015 & batch : 20 : that application, and such officer shall send his report within the prescribed time.
(2-A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub- section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same:
Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.] (3) The licensing authority shall grant--
(a) a licence under section 3 where the licence is required―
(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection:
Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or
(ii) in respect of a [fire-arm] to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government;
(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same."
18. Sub-Section (3)(a)(i) of Section 13 makes it clear that the licensing authority shall grant a licence under Section 3, where the licence is required by a citizen of India in respect of a smooth bore gun W.P.(C) No. 35111/2015 & batch : 21 : having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection. However, the proviso thereto makes it clear that in cases where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection. However Sub clause (ii) there deals with the fire-arms to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government. It is further clear from Section 13 (3) that in the aforesaid two circumstances, the authority shall issue a licence to the applicant after making a due enquiry in contemplation of Section 13(2) and (2-A) on being satisfied for grant of the license, and therein, there is no requirement for ascertaining the good reason, as specified in clause
(b) of Section 13(3). This is evident from clause (b) due to the qualifying words employed therein that "a license under Section 3 in any other case".
19. Therefore, it can be seen from clause (ii) of Section 13(3)(a) that a dealer referred to in Section 3(3) of Act, 1959 is not included there. Accordingly it is distinct and clear that the stipulation contained in clause (b) of Section 13(3) for making out a good reason, confines W.P.(C) No. 35111/2015 & batch : 22 : to a licence issued to a dealer referred to in Section 3 (3), and licenses issued under Section 4, Section 5, Section 6, Section 10 or Section 12 of Act 1959.
20. Therefore, the citizens, a rifle club and a rifle association licensed or recognised by the Central Government are excluded from the requirement of the "good reason" contained under Section 13(3)
(b). True, the specification contained under Section 13(3)(a)(i) of Act, 1959 is in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection. However, the proviso empowers the authority in any circumstances to vary with the imperative conditions contained under Section 13(3)(a)(i) of the Act, 1959.
21. On a conjoint reading of Sections 13, 14 and 15, it is clear that apart from the conditions contained under Sections 14 and 15, the licensing authority is vested with powers to consider applications for grant of licence or renewal of licence taking into account the reasons enumerated in Section 13 (3) (b), except the ones specified in Section 13(3)(a)(i) and (ii). Thus, on an analysis of the reference in the above manner, we come to the following conclusions:
For the consideration of applications for licences under Section 14 and Section 15 of Act 1959, the provisions of Section 13 (3) (b) W.P.(C) No. 35111/2015 & batch : 23 : can be relied upon for assimilating any "good reason" in order to grant, renew or refuse the licences, however, except under the circumstances mentioned under Section 13(3)(a)(i) and (ii) of Act, 1959. Thus to say, the licenses dealt with under Section 13 (3) (a) (i) and (ii) are classified as a distinct one so as not to attract the requirement of 'good reason' envisaged in Section 13(3)(b). Which thus also means, other than the specific circumstances made under Section 13(3)(a)(i) and (ii), in all other cases discussed above, for consideration of applications for grant of licence and renewal, the provisions of Section 13(3)(b) would apply.
22. Therefore, reference made by the learned single Judge in the writ petitions as per reference order dated 15 th February, 2016 is answered affirmatively to the above extent.
23. Normally and ordinarily, after reference, writ petitions would be sent back to the writ court for consideration in accordance with law. However, fact remains, in all these cases, the applications either for grant or for renewal were declined without adhering appropriately to the provisions of Sections 13, 14 and 15 of Act, 1959 in the manner discussed above.
24. Therefore, we are of the view that instead of sending it back to the writ court, the respective impugned orders in the writ petitions passed by the statutory/appellate authorities can be set aside W.P.(C) No. 35111/2015 & batch : 24 : and the applications can be directed to be reconsidered, bearing in mind the findings and observations contained as above.
25. Accordingly, we set aside the impugned orders i.e., Ext. P5 order dated 30.10.2015, Ext.P3 order dated 12.11.2014, Ext. P7 order dated 29.10.2015, Ext. P4 order of the District Collector, Kannur, Ext. P6 order dated 09/2015, Ext.P3 order dated 30.12.2015, Ext. P6 order dated 29.11.2014, Ext. P3 order dated 17.07.2014, Ext. P4 order dated 11.12.2015, Ext. P3 order dated 29.12.2015 and Ext. P20 Government Order dated 30.01.2016 respectively in the sequence of the captioned writ petitions and any consequential orders passed on remand by the appellate authority, and direct the primary authority under the Arms Act, 1959 to reconsider all the applications taking into account the findings and observations contained above, at the earliest and at any rate within three months from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to the petitioners.
The writ petitions are disposed of as above.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY, JUDGE.
Rv W.P.(C) No. 35111/2015 & batch : 25 : APPENDIX OF WP(C) 35111/2015 PETITIONER'S EXHIBITS:
EXT.P1 EXT.P1: TRUE COPY OF THE ORDER OF THIS HON'BLE HIGH COURT DT. 8/10/09 IN CRLMC 2361/09 EXT.P2 EXT.P2: TRUE COPY OF THE ORDER DT. 21/10/14 ISSUED BY THE 2ND RESPONDENT EXT.P3 EXT.P3: TRUE COPY OF THE APPEAL DT. 11/11/14 PENDING BEFORE THE 1ST RESPONDENT EXT.P4 EXT.P4: TRUE COPY OF THE JUDGMENT IN WPC 26316/15 DT. 1/9/15 EXT.P5 EXT.P5: TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DT. 3/10/15 RESPONDENTS' EXHIBITS : NIL /True Copy/ PS to Judge.
rv W.P.(C) No. 35111/2015 & batch : 26 : APPENDIX OF WP(C) 37989/2015 PETITIONER'S EXHIBITS:
EXT.P1 P1:-A TRUE COPY OF THE ORDER NO C7/64921/2010/K DIS DTD 13/6/2011 EXT.P2 P2:-A TRUE COPY OF THE ORDER NO LR A2/29651/2011 DTD 15/7/2014 EXT.P3 P3:-A TRUE COPY OF ORDER NO.C5-37828/11/K.DIS DTD 12/11/2014 RESPONDENTS' EXHIBITS: NIL /True Copy/ PS to Judge.
rv W.P.(C) No. 35111/2015 & batch : 27 : APPENDIX OF WP(C) 38489/2015 PETITIONER'S EXHIBITS:
EXT.P1 P1 TRUE COPY OF THE ORDER DATED 7.2.2013 OF THE 2ND RESPONDENT EXT.P2 P2 TRUE COPY OF THE ORDER ISSUED BY THE CHIEF INFORMATION OFFICER DATED 25.6.2014 EXT.P3 P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SPECIAL GRADE SECRETARY,KARUVARAKUNDU GRAMA PANCHAYATH DATED 4.12.2000 EXT.P4 P4 TRUE COPY OF THE LETTER SENT BY THE PETITIONER'S MOTHER TO THE DIVISIONAL FOREST OFFICER (SOUTH),NILAMBUR EXT.P5 P5 TRUE COPY OF THE CIRCULAR ISSUED BY THE 1ST RESPONDENT DATED 14.9.2010 EXT.P6 P6 TRUE COPY OF THE JUDGMENT DATED 31.10.2014 IN WP(C)NO.24571 OF 2014 EXT.P7 P7 TRUE COPY OF THE ORDER DATED 29.10.2015 OF THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS to Judge.
rv W.P.(C) No. 35111/2015 & batch : 28 : APPENDIX OF WP(C) 39221/2015 PETITIONER'S EXHIBITS EXT.P1 P1- TRUE COPY OF THE PROCEEDINGS NO.K1- 10306/2015/K.DIS. DATED 4.7.2015.
EXT.P2 P2- TRUE COPY OF THE COMMUNICATION NO.A4/2190/15 DATED 10.6.2015.
EXT.P3 P3- TRUE COPY OF THE REPORT DATED 19.6.2015 OF THE DISTRICT POLICE CHIEF ADDRESSED TO THE FIRST RESPONDENT.
EXT.P4 P4- TRUE COPY OF THE ORDER NO.D.DIS.2015/15337/13/D3 OF THE DISTRICT COLLECTOR.
EXT.P5 P5- TRUE COPY OF THE JUDGMENT DATED 28.5.2015 IN W.P[C]NO.4603/2014.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS to Judge.
rv W.P.(C) No. 35111/2015 & batch : 29 : APPENDIX OF WP(C) 39258/2015 PETITIONER'S EXHIBITS:
EXT.P1 EXT.P1. TRUE COPY OF THE APPOINTMENT ORDER DATED 12/2/2013.
EXT.P2 EXT.P2. TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER ARALAM ON 8/6/2015.
EXT.P3 EXT.P3. TRUE COPY OF THE EXTRACT OF THE NEW ITEM APPEARED IN THE DEEPIKA DAILY DATED 24/9/2010.
EXT.P4 EXT.P4. TRUE COPY OF THE NEWS ITEM APPEARED IN THE DEEPIKA DAILY DATED 19/12/2014.
EXT.P5 EXT.P5. TRUE COPY OF THE EXTRACT OF THE NEWS ITEM APPEARED IN THE DEEPIKA DAILY DATED 6/9/2015.
EXT.P6 EXT.P6. TRUE COPY OF THE ORDER NO.D.DIS/2013/14117/13/D1 DATED 9/2015.
EXT.P7 EXT.P7. TRUE COPY OF THE JUDGMENT DATED 28/5/2015 IN WPC NO.4603/2015.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS to Judge.
rv W.P.(C) No. 35111/2015 & batch : 30 : APPENDIX OF WP(C) 1242/2016 PETITIONER'S EXHIBITS:
EXT.P1 EXHIBIT-P1: A TRUE COPY OF THE ORDER NO.CS-
75318/2011/K DIS DATED 04.12.2012.
EXT.P2 EXHIBIT-P2: A TRUE COPY OF THE ORDER NO.LR.A2/51341/2012 DATED 30.08.2014.
EXT.P3 EXHIBIT-P3: A TRUE COPY OF ORDER NO.C5- 4663/13/K.DIS DATED 30.12.2015.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS to Judge.
rv W.P.(C) No. 35111/2015 & batch : 31 : APPENDIX OF WP(C) 1508/2016 PETITIONER'S EXHIBITS:
EXT.P1: EXHIBIT-P1: TRUE COPY PAGE NO.4 AND 5 OF THE LICENSE EVIDENCING THE PROCEEDINGS VIDE REF NO.N4 29524/03/29.7.2004 OF THE FIRST RESPONDENT.
EXT.P2 EXHIBIT-P2: TRUE COPY PAGE NO.12 AND 13 OF THE LICENSE EVIDENCING THE PROCEEDINGS VIDE REF NO.N413876/11/K.DIS DATED 5.11.2011 OF THE FIRST RESPONDENT.
EXT.P3 EXHIBIT-P3: TRUE COPY OF THE APPLICATION FOR RENEWAL DATED 3.2.2014.
EXT.P4 EXHIBIT-P4: TRUE COPY THE REPORT DATED 30.5.2014 OF THE DEPUTY SUPERINTENDENT OF POLICE ALAPPUZHA.
EXT.P5 EXHIBIT-P5: TRUE COPY OF THE REPORT DATED 2.8.2014 OF THE DEPUTY SUPERINTENDENT OF POLICE ALAPPUZHA.
EXT.P6 EXHIBIT-P6: TRUE COPY OF ORDER N.K.DIS 6460/2014/N 4 DATED 29.11.2014 ISSUED BY THE 1ST RESPONDENT.
EXT.P7 EXHIBIT-P7: TRUE COPY OF CIRCULAR NUMBER V.11026/72/2011 ARMS DATED 19.11.2014 MINISTRY OF HOME AFFAIRS IN THE CENTRAL GOVERNMENT.
EXT.P8 EXHIBIT-P8: TRUE COPY OF REPRESENTATION DATED 1.1.2016 FILED BEFORE THE FIRST RESPONDENT. EXT.P9 EXHIBIT-P9: TRUE COPY OF THE JUDGMENT IN WP(C) NO.31905 OF 2014 DATED 8.12.2014.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS to Judge.
rv W.P.(C) No. 35111/2015 & batch : 32 : APPENDIX OF WP(C) 2288/2016 PETITIONER'S EXHIBITS EXT.P1 P1 : A TRUE COPY OF THE ORDER NO.C5/64027/2010/K DIS DT 12-1-2011.
EXT.P2 P2 : A TRUE COPY OF THE ORDER NO.LR.A2/12241/2012 DT 6-3-2014.
EXT.P3 P3 : A TRUE COPY OF THE ORDER NO.C5- 36055/12/K.DIS DT 17-7-2014.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS to Judge.
Rv W.P.(C) No. 35111/2015 & batch : 33 : APPENDIX OF WP(C) 2348/2016 PETITIONER'S EXHIBITS:
EXT.P1: P1 : TRUE COPY OF THE ORDER 10 NO.C5/66929/2009/K DIS DT.24-6-2011.
EXT.P2 P2 : TRUE COPY OF THE ORDER NO.LR A5/34932/2011 DT.6-11-13.
EXT.P3 P3 : TRUE COPY OF THE ORDER NO.C5-45164/11/K.DIS DT.2-7-14.
EXT.P4 P4 : TRUE COPY OF THE ORDER NO.LR 32596/14/K DIS DT.11-12-15.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS to Judge.
Rv W.P.(C) No. 35111/2015 & batch : 34 : APPENDIX OF WP(C) 3690/2016 PETITIONER'S EXHIBITS:
EXT.P1 P1 -A TRUE COPY OF THE ORDER DATED 16.10.2014 BY THE 2ND RESPONDENT EXT.P2 P2 - A TRUE COPY OF THE MEMORANDUM OF APPEAL BY THE PETITIONER DATED 26.11.2014 BEFORE THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM.
EXT.P3 P3 - A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 29.12.2015 RESPONDENTS' EXHIBITS: NIL /True Copy/ PS to Judge.
Rv W.P.(C) No. 35111/2015 & batch : 35 : APPENDIX OF WP(C) 5218/2016 PETITIONER'S EXHIBITS:
EXT.P1 P1- TREU COPY OF THE GO(MS) NO.223/2005/HOME DATED 1.8.2005 EXT.P2 P2- TRUE COPY OF THE ORDER NO. K.DIS/A8/74133/08 DATED 23.4.2009 OF THE ADDITIONAL DISTRICT MAGISTRATE, THIRUVANANTHAPURAM.
EXT.P3 P3-TRUE COPY OF THE APPLICAITON FOR RENEWAL OF GUN LICENCE DATED 18.6.2011 SUBMITTED BY THE PETITONER BEFORE THE ADDL. DISTRICT MAGISTRATE.
EXT.P4 P4- TRUE COPY OF THE LETTER NO.5244/2011 (L.DIS) DATED 12.10.2011 OF THE DIVISIONAL FOREST OFFICER, THIRUVANANTHAPURAM EXT.P5 P5- TRUE COPY OF THE PROFORMA REPORT OF THE TAHSILDAR, THIRUVANANTHAPURAM.
EXT.P6 P6- TRUE COPY OF THE LETTER NO.D2/49226/2011 TC DATED 17.10.2011 OF THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM.
EXT.P7 P7- TRUE COPY OF THE LETTER NO. A8-62802/10 DATED 14.11.2011 OF THE ADDL. DISTRICT MAGISTRATE FOR DISTRICT MAGISTRATE.
EXT.P8 P8- TRUE COPY OF GOVERNMENT CIRCULAR NO.76689/F1/09 HOME DATED 14.9.2010.
EXT.P9 P9- TRUE COPY OF NO.D2/49226/11TC DATED 28.3.2012 OF THE 3D RESPONDENT TO THE 2ND RESPONDENT EXT.P10 P10- TRUE COPY OF LETTER NO.A8-39069/11 DATED 16.5.2012 OF THE 2ND RESPONDENT EXT.P11 P11- TRUE COPY OF LETTER NO.D2/49226/12TC DATED 19.6.2012 OF THE 3RD RESPONDENT EXT.P12 P12- TRUE COPY OF LETTER NO.A8-39069/11 DATED 30.6.2012 OF THE 2ND RESPONDENT EXT.P13 P13-TRUE COPY OF WRITTEN STATEMENT DATED 9.7.2012 SUBMITTED BY THE PETITIONER BEFORE THE ADDL. DISTRICT MAGISTRATE EXT.P14 P14- TRUE COPY OF LETTER NO.A8/39069/11 DATED W.P.(C) No. 35111/2015 & batch : 36 : 20.7.2012 OF THE 2ND RESPONDENT EXT.P15 P15- TRUE COPY OF GO(RT) NO.2877/12/HOME DATED 27.9.2012 EXT.P16 P16- TRUE COPY OF GOVERNMENT LETTER NO.83071/F1/2012/HOME DATED 19.10.2012 TO THE 2ND RESPONDENT EXT.P17 P17- TRUE COPY OF ORDER NO.A8-39069/9 DATED 18.11.2012 OF THE 2ND RESPONDENT EXT.P18 P18- TRUE COPY OF ORDER DATED 10.12.2012 OF THE KERAL LOK AYUKTA IN COMPLAINT NO.1213/2012-B EXT.P19 P19- TRUE COPY OF THE JUDGMENT DATED 25.3.2015 IN WP(C) NO.1047 OF 2013-E OF THIS HON'BLE COURT EXT.P20 P20- TRUE COPY OF THE GO(RT) NO.311/2016/HOME DATED 30.1.2016 RESPONDENTS' EXHIBITS: NIL /True Copy/ PS to Judge.
Rv