High CourtsSingle Bench(2012) 08 KL CK 0204

Nazar. P.A. vs Additional District Magistrate, Trichur District and State of Kerala

High Court Of Kerala · Decided on 21 August 2012

HON’BLE JUDGES
T.R. Ramachandran Nair, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) .No. 14533 of 2009 (J)

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Judgment

4 paragraphs · 427 words

Justice T.R. Ramachandran Nair

1.

The main prayer in the writ petition is to quash Ext. P3 and to direct the first respondent to allow the prayer of the petitioner in Exts. P1 and P2 to increase his annual quota of ammunition to 5000. The petitioner''s case is that he is in the sports of Rifle shooting for the past five years and is the State champion in Pistol Shooting in the year 2008. He is a regular participant in the National Championship in the past years. His son is a renowned shooter approved by NRAI in the junior category. He applied for an increase in his annual quota of ammunition to 5000, by Ext. P1 application. Ext. P2 is the copy of the reminder sent by the petitioner, but the application was rejected as per Ext. P3 communication. In para 7 of the writ petition, it is stated that the petitioner proposes to take part in the ensuing State championship during July-August 2009 and the pre national championship is scheduled to be held in the month of October- November. It is further stated that the petitioner is also trying to get entry in the team for the National Games 2010 in which the competition is scheduled to be held in Kochi. These are the requirements pointed out in the writ petition.

2.

The respondents have filed a counter affidavit. It evidences the fact that on 18.2.2009 the petitioner was personally heard by the licensing authority. During the hearing, the petitioner stated that his occupation is fishing and his son, without licence, is also using his weapon. It is also stated that the petitioner did not produce documents relating to membership in Sports Club. The application was accordingly rejected. It is further stated in para 7 of the counter affidavit that Rule 16 of the Arms Rules, 1962 even though permits any person below the age of sixteen years but not below the age of twelve years, to use the fire-arm for the purpose of training, etc., the petitioner has not produced any documents to prove the age of his son and he has also failed to produce documents to prove that his son is a member of Rifle Association. Therefore, on the merits of the matter, the order Ext. P3 does not call for any interference. Apart from the same, the championships mentioned in para 7 of the writ petition are long over and the requirement for the petitioner was to participate in those championships.

For all these reasons, the writ petition is dismissed. No costs.