C.Krishnan v. The Additional Chief Secretary/ The Commissioner of Revenue Administration

W.P.No.26568 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 18.09.2024CORAM : THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.26568 of 2024C.Krishnan ...PetitionerVs.1.The Additional Chief Secretary/ The Commissioner of Revenue Administration, Chepauk, Chennai – 600 005.2.The District Collector cum District Magistrate, Krishnagiri District, Krishnagiri....Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the 1st respondent to dispose of the statutory appeal dated 29.09.2023 filed against the order of the 2nd respondent dated 09.08.2023 in Moo.Mu.No.1538/2023/C2.For Petitioner : Mr.C.PrabakaranFor Respondents : Mr.Yokesh Kannadasan, Spl.GPPage No.1 of 5 https://www.mhc.tn.gov.in/judis W.P.No.26568 of 2024 O R D E RThe petitioner has filed this Writ petition seeking direction to the 1st respondent to dispose of the statutory appeal dated 29.09.2023.2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final disposal at the admission stage itself.3. The case of the petitioner is that he is running a company under the name and style of 'Bio Mass Brigades' in Melkottai Village, Bargur Taluk, Krishnagiri District with an annual turnover of more than One crore. In order to obtain Gun license (SBBL-Shotgun), he made an application along with affidavit and necessary documents on 12.01.2023. Pursuant to the same, the 2nd second respondent called for reports from the Revenue Department and the Police Department and subsequently, the Revenue Department submitted a report, recommending issuance of Gun license to the petitioner. However, the Superintendent of Police, Krishnagiri District had sent a negative report dated 13.04.2023 stating that there is imminent danger from the forest Page No.2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.26568 of 2024animals and no life threat to petitioner and his family and thereby, the gun license is not necessary for the petitioner. Based on the above said negative report issued by the Superintendent of Police, the 2nd respondent, vide order dated 09.08.2023 in Moo.Mu.No.1538/2023/C2, rejected the petitioner's application for grant of gun license. Challenging the said order, the petitioner preferred an appeal before the 1st respondent on 29.09.2023. However, till date, no order have been passed on the said appeal and the same is kept pending. Hence, the petitioner has come up with this Writ petition. 4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's appeal dated 29.09.2023 and dispose of the same as expeditiously as possible.5. Learned Special Government Pleader appearing for the respondents has no objection for the said order being passed by this Court and he fairly submitted that, appropriate orders will be passed on the petitioner's appeal dated 29.09.2023 within the time stipulated by this Court. 6. In view of the aforesaid submissions, this Court without going into Page No.3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.26568 of 2024the merits of the case, directs the 1st respondent to consider the petitioner's appeal dated 29.09.2023 on merits and in accordance with law and dispose of the same within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and aggrieved persons, if any.7. Accordingly, this Writ Petition stands disposed of. No costs. 18.09.2024sktNCC: Yes/NoIndex: Yes/NoSpeaking Order: Yes/NoTo:1.The Additional Chief Secretary/ The Commissioner of Revenue Administration, Chepauk, Chennai – 600 005.2.The District Collector cum District Magistrate, Krishnagiri District, Krishnagiri.M.DHANDAPANI, J.Page No.4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.26568 of 2024skt W.P.No.26568 of 202418.09.2024Page No.5 of 5