The petitioner is a holder of arms licence. The District Magistrate rejected the petitioner's request for renewal of licence as per Ext.P4 stating that there is no threat to the life of the petitioner. Thereafter, the petitioner filed an appeal before the 1st respondent- Land Revenue Commissioner. Ext.P6 is the order passed by the Land Revenue Commissioner. By Ext.P6, the Land Revenue Commissioner remanded the matter to the District Magistrate for reconsideration stating that the petitioner is doing business activities and the gun licence is inevitable to him. Thereafter, based on the remand order, the District Magistrate passed Ext.P7 order rejecting the petitioner's claim for renewal. It is stated in Ext.P7 that there is no threat to the petitioner's life. It is challenging Ext.P7 order, the writ petition is filed. 2. The petitioner submits that he has received favourable reports from the Police Department recommending renewal of licence. In spite of such reports, the District Magistrate rejected renewal of his licence. Section 14 of the Arms Act enumerates the grounds on which licence can be rejected. Section 14 reads as follows:
“14. Refusal of licences- 1) Notwithstanding anything in section 13, licensing authority shall refuse to grant-
(a). a licence under section 3, section 4 or section 5 where such licence 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 or 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”
3. This Court in Muhammed Shafi v. District Collector (2012 (1) KLT 427) held that the District Magistrate cannot reject application preferred based on the grounds, other than the grounds enumerated under Section 14 of the Arms Act. The grounds on which arms licence can be rejected are referred to in Section 14. Therefore, it is submitted by the learned counsel for the petitioner that the petitioner's application is rejected without referring to any of the grounds enumerated in Section 14. Going by the impugned order also, it can be seen that no ground referred to in Section 14 is relied on by the authorities for refusing to renew licence. On the other hand, the only reason stated for refusing the petitioner's claim is that there is no threat to the life of the petitioner to hold arms licence. This ground is unsustainable.
4. In view of the above, there shall be a direction to the 2nd respondent to renew the arms licence of the petitioner within a period of four weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.