IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29684 of 2009(E)
1. SAJI.N.R, S/O.RAMACHANDRA KURUP
... Petitioner
Vs
1. THE ADDITIONAL DISTRICT MAGISTRATE
... Respondent
For Petitioner :SRI.P.RAMAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :21/10/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 29684 OF 2009
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Dated this the 21st day of October, 2009
J U D G M E N T
Heard Sri. P.Ramakrishnan, the learned counsel appearing
for the petitioner and Sri. P.N.Santhosh, the learned Government
Pleader appearing for the respondent.
2. Ext.P3 order passed by the Additional District Magistrate,
Idukki, under Section 17 of the Arms Act, 1959, canceling the arms
licence issued to the petitioner is under challenge in this writ
petition. The petitioner challenges Ext.P3 order on various grounds
including the ground that before Ext.P3 order was passed, he was
not put on notice or heard.
3. Under Section 18 of the Arms Act, 1959, an appeal lies
from an order passed under Section 17 of the Arms Act revoking the
arms licence. The period of limitation prescribed for filing an appeal
under Section 18 of the Arms Act is 30 days from the date of issue
of the order. The appellate authority is however empowered to
condone the delay, if sufficient reasons are shown for not filing the
appeal within time. Ext.P3 order was passed on 26.9.2009. As on
today, the period of limitation has not expired. Even if there is a
W.P.(C) No. 29684/09
2
short delay in filing the appeal, the petitioner can seek condonation of
delay on the ground that he had earlier moved this Court instead of
moving the appellate authority. In such circumstances, I find no
reason to entertain this writ petition.
The writ petition is accordingly dismissed leaving open the
petitioner’s contentions and his right to move the competent
appellate authority under Section 18 of the Arms Act, 1959.
P.N.RAVINDRAN, JUDGE
vps