JOMON GEORGE v. STATE OF KERALA

BY SENIOR GOVERNMENT PLEADER, SRI.E.G.GORDEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) No.20685 of 2023 2025:KER:26396 3 JUDGMENT The petitioner, an agriculturist, submitted Ext.P1 application for licence under the Arms Act, 1959 and the Arms Rules, 2016. Along with the application, the petitioner had also produced a certificate of training as evidenced by Ext.P2. However, by Ext.P3, the application stood rejected by the 4th respondent herein, with reference to the provisions of Section 13(3)(b) of the Arms Act. Though an appeal was filed, the appeal was also dismissed by the 2nd respondent herein as evidenced by Ext.P5.

#2. It is in such circumstances that the petitioner filed the captioned writ petition.

#3. I have heard Sri. Saji Kuriakose, the learned counsel for the petitioner and Sri.E.G.Gorden, learned Senior Government Pleader.

#4. The sustainability or otherwise of the orders at Exts.P3 and P5 is the issue arising for consideration in this writ petition. The petitioner’s application for a licence under the statute was W.P(C) No.20685 of 2023 2025:KER:26396 4 rejected, citing the provisions of Section 13(3)(b) of the Arms Act. The respondents argue that the training certificate produced cannot be accepted.

#5. In this connection, I notice that a Division Bench of this Court in Aboobaker V.T. and others v. Land Revenue Commissioner, Thiruvananthapuram and Others [2022 (2) KHC 170] has considered the provisions of Section 13 of the Arms Act, with reference to the issue of the licence under the statute and found that if the application is one being made under Section 13(3)(a), the embargo under Section 13(3)(b) cannot be made applicable. Furthermore, I notice that with reference to the acceptability of the training certificate, the learned counsel for the petitioner has relied on the interim order issued by this Court dated 21.12.2022 in W.P(C) No.19708 of 2022 to contend that if the certificate in the nature of Ext.P2 is being relied on, the same can be acted upon. However, I find that in Exts.P3 and P5, the nature of the consideration made is not in tune with the dictum laid down by this Court in the judgment referred to above. W.P(C) No.20685 of 2023 2025:KER:26396 5 This Court also notices that the learned Single Judge of this Court in W.P(C) No.9686 of 2024, as per judgment dated 14.08.2024, has considered almost similar circumstances based on the certificate of training produced by the applicant and has found as under: “10. The petitioner’s application for Arms Licence for Sports purpose stands rejected on the ground that the certificate produced by the petitioner is insufficient. In Ext.P14 judgment, it is noted that in the matter of Arms Licence, there was an insistence that the training should be under the guidance of the police authorities, which condition was taken away by the Government itself as per letter dated 08.03.2023 and that the Government has taken a decision that Arms Licence should be issued on the basis of a Training Certificate issued by the accredited trainer/master accredited trainer.

#11. Exts.P8, P9 and P10 are the certificates produced by the petitioner in the matter of training. Ext.P8 has been issued by a Weapon Trainer stating that the petitioner was imparted reasonable working knowledge of important provisions of the Arms Act, 1959 and Arms Rules, 2016, relevant to him and made to understand responsibilities of the Arms, owner, or user, particularly in relation to children. The Weapon Trainer has certified that the petitioner has completed the training as stipulated under Rule 10(1) of the Arms Rules, 2016. Ext.P8 W.P(C) No.20685 of 2023 2025:KER:26396 6 issued by the Weapon Trainer also indicates that the petitioner has attended weapon training, weapon handling, weapon maintenance and weapon safekeeping and firing technique. The trainer who has issued Ext.P8 certificate is for empanelled shooter and national level shooter. The qualification of the trainer is evident from Ext.P8. In the circumstances, respondents 2 and 3 are not justified in declining Arms Licence to the petitioner on the ground that the Training Certificates produced by the petitioner are insufficient.” In the light of the afore, I am of the opinion that the matter requires reconsideration, at the hands of the 4th respondent herein. So as to facilitate the afore, Ext.P5 issued by the 2nd respondent and Ext.P3 issued by the 4th respondent is set aside. The 4th respondent is directed to consider Ext.P1 application filed by the petitioner, with specific reference to the law laid down by this Court in Aboobaker V. T. and others v. Land Revenue Commissioner, Thiruvananthapuram and Others [2022 (2) KHC 170], as well as the judgment of this Court in W.P(C) No.9686 of 2024 dated 14.08.2024 and the interim order dated

21.12.2022 in W.P(C) No.19708 of 2022, as expeditiously as W.P(C) No.20685 of 2023 2025:KER:26396 7 possible, at any rate, within a period of eight weeks from today, after affording an opportunity of hearing to the petitioner in the matter. The writ petition is disposed of as above. Sd/- HARISANKAR V. MENON JUDGE W.P(C) No.20685 of 2023 2025:KER:26396 8 APPENDIX OF WP(C) 20685/2023 PETITIONER’S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE APPLICATION DATED NIL THUS SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE TRAINING CERTIFICATE DATED 2/12/2021 ISSUED TO THE PETITIONER. EXHIBIT P3 EXHIBIT P4 A TRUE COPY OF THE ORDER BEARING NO. D3- 736/2022 DATED 26/10/2022 ISSUED BY THE 4TH RESPONDENT. A TRUE COPY OF THE APPEAL DATED 5/1/2023 THUS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 24/4/2023 THUS ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE JUDGEMENT DATED 4/12/2023 IN WPC 25530/2023 PASSED BY THIS HON’BLE COURT. EXHIBIT P7 A TRUE COPY OF THE INTERIM ORDER DATED 21/12/2022 IN WPC NO. 19708/2022. RESPONDENTS’ EXHIBITS: EXHIBIT R3(A) TRUE COPY OF THE LETTER NO.F1/432/2022 DATED 24/12/2022 BY THE ADDITIONAL CHIEF SECRETARY, HOME (F)DEPARTMENT. EXHIBIT R3(B) TRUE COPY OF THE LETTER NO F15/2023 DATED 29/05/2023 BY THE ADDITIONAL CHIEF SECRETARY, HOME (F) DEPARTMENT. W.P(C) No.20685 of 2023 2025:KER:26396 9 EXHIBIT R3(C) TRUE COPY OF THE REPORT NO-D2/6527/2022/DR DATED 11-03-2022 OF THE DISTRICT POLICE CHIEF. EXHIBIT R5(A) TRUE COPY OF THE COMMUNICATION NO.5246/2023 DATED 25/07/2023 ISSUED BY THE SECRETARY KODENCHERY GRAMA PANCHAYATH. EXHIBIT R5(B) TRUE COPY OF THE STATEMENT DATED 19/07/2023 GIVEN BY THE PETITIONER.