E.Perumal v. The State of Tamilnadu

ORDER The petitioner is challenging the rejection of his request for renewal of his revolver in the above writ petition.

¶2It is the case of the petitioner that his brother viz., Krishnan had a dispute with a local rowdy viz., Sridhar and his brother Senthil. On account of this issue, there was an attempt to murder the petitioner's brother in the year 2009 and in this attempt, the petitioner's brother had sustained grievous injuries. After the complaint was lodged with the Kancheepuram Police, when the petitioner's brother was being shifted to Chennai for further treatment in an Ambulance, the Ambulance was waylaid by the said Sridhar and his men who had hurled bombs to kill him. This attempt to eliminate the petitioner's brother was unsuccessful. Despite seeking police protection, the police had failed to protect the petitioner's brother and ultimately, he was murdered by the said Sridhar in the year 2010 and another brother of the petitioner viz.,E.Murugesan was arrayed as witness in the above case.

¶3The said Sridhar and his men made several attempts to eliminate the said E.Murugesan to prevent him from giving evidence before the Court. Page3 of 9 Once again, a complaint was lodged with the concerned police to provide protection. However, on 07.05.2011, when the petitioner along with his brother E.Murugesan and other family members were on the way to Tirupathi, the gang sent by Sridhar had attacked the vehicle in which they were travelling and during that attack, the petitioner's brother E.Murugesan was killed instantaneously and the other family members suffered grievous injuries.

¶4The petitioner would submit that both the murders are on account of inaction of the police to give protection. Since, the petitioner is also one of the witnesses of these murders, the said Sridhar and his gang are making attempts to eliminate him. The petitioner made a representation for police protection and protection has been provided to him for the past six years. Though, the main accused Sridhar is dead, his brother and his associates are continuing with their illegal activities. In order to protect his life and property, the petitioner had applied for Revolver License on 10.04.2012 for his self protection and self defense. The 2nd respondent after thorough enquiry and after obtaining report from the 3rd respondent and other concerned officials, by proceedings dated 25.03.2013, granted a revolver license bearing No.01/2013/KPM. This license was initially granted upto 31.12.2013 and was being renewed periodically.

¶5The petitioner would submit that he had applied for a renewal of Page4 of 9 license on 20.10.2016 and since the same was not granted, he had submitted a representation dated 20.08.2018. Thereafter, on the basis of the report and objection of the 3rd respondent, the 2nd respondent by his proceedings dated

28.09.2018, cancelled the license issued to the petitioner. Against the said refusal, the petitioner had filed an appeal to the 1st respondent. The 1st respondent by his proceedings dated 01.10.2021 confirmed the order passed by the 2nd respondent and rejected the appeal. Challenging the same, the petitioner had filed a writ petition in W.P.No.26013 of 2021 which was dismissed by an order dated 08.12.2021. Challenging the same, the petitioner had filed a writ appeal in W.A.No.1245 of 2023. The Hon'ble First Bench of this Court by an order dated 25.07.2023, allowed the appeal and set aside the order passed in W.P.No.26013 of 2021 and directed the authorities to reconsider the petitioner's application for the renewal of arms license.

¶6After the order passed by the Hon'ble First Bench of this Court, the petitioner made a fresh application to the 2nd respondent on 25.08.2023. The 2nd respondent called for a report from the Revenue Divisional Officer, Kancheepuram. The Revenue Divisional Officer, Kancheepuram, after investigation had recommended issuance of the revolver license. However, the 2nd respondent by an order dated 01.03.2024 reiterated his earlier order dated

28.09.2018 and rejected the request for renewal. An appeal filed by the petitioner before the 1st respondent was also rejected. Therefore, the petitioner is Page5 of 9 before this Court.

¶7On perusing the records and taking note of the fact that the petitioner's brothers were murdered by the said Sridhar and his gang and the police authorities had failed to protect them despite the earlier attempts, this Court had directed the Inspector Of Police, Kanchi Taluk Police Station, Kanchipuram, to examine as to whether the apprehension of the petitioner that he would be done away by Sridhar's brother and his associates was justified and to also take note of the report dated 18.11.2023 of the Revenue Divisional Officer, Kancheepuram, and thereafter, pass a detailed report.

¶8Today, when the matter was taken up for hearing, a status report has been filed by N.Raja, Inspector of Police, B3, Kanchi Taluk Police Station, Kanchipuram. In the said report, at paragraph 11, the Inspector of Police has set out the various cases in which the accused persons who are the associates of the late Sridhar were involved and the details are as follows: S.No. Police Station Cr.No., U/s., Stage of the case Injured/ Deceased No of accused B3, Kanchi Taluk PS., Cr.No.890/2010, U/s.120(b), 147, 148, 294(b), 324, 326, 114 r/w 307 IPC and Sec. 3(1) TNPPD Act Pending Trial FTC/KPM SCNO:02/2013 and 19/2013 Tr.Krishnan S/o.Ellapillai Attempt Murder Page6 of 9 Dusi PS., Cr.No.200/2010, U/s.147, 148, 302 IPC Pending Trial ADJ/Arani TVM District SC NO: 210/2019 and 99/2024 Tr.Krishnan S/o.Ellapillai Murder Andhra Pradesh Vadamalpattu Police Station, Cr.No.21/2011, U/s.147, 148, 324, 307, 302 r/w 149 IPC Acquitted on

02.05.2019 in S.C.No.225/2015 on the file of the Vth Additional District Judge, Thirupathi. Tr.Murugesan S/o.Ellapillai Murder THE WRIT PETITIONER/E.PERUMAL AGAINST ASSOCIATES OF SRIDHAR S/O DHANAPAL DETAILS S. Accused Name and Address HS No Relationship Total no of cases Stage of the case Senthil S/o Dhanapal Arasamara Street, Thiruparuthikundram B3 PS HS NO. 16/2005 'A' CATEGORY Brother (Present-Active) 12 cases – PT 05 cases - Ref Arul S/o, Jayaraman No.74/75, Gangai Amman Kovil Street, Thiruparuthikundram Village, Kanchipuram B3 PS HS NO. 01/2012 'A' CATEGORY Relative (Present-Active) 12 cases – PT 07 cases – Ref 01 case -NTF Dinesh @ Dineshkumar S/o.Karthikeyan No.7/15,Thirupukudal Street, Kanchipuram B1 PS HS NO.675/2013 A+ CATEGORY Driver (Jail-Active) 37 cases – PT 06 cases – Ref 01 case – NTF 01 case - UI Thaniga @ Thanigaivel S/o.Mani No.13/3, Panjupettai, Chinna Street, Kancheepuram B1 PS HS NO. 08/2016 A+ CATEGORY Relative (Present-Active) 25 cases – PT 01 case - Aquted Page7 of 9 Thiyagu @ Thiyagarajan S/o Kumar No.20/70, Nethaji Street, Poiyakulam, Kanchipuram B2 PS HS NO.0/2016 A+ CATEGORY Associates (Jail-Active) 53 cases – PT 23 cases – Ref 02 cases - UI Jayan S/o.Vijayaragavan No.1/29, Perumal Koil Street, Mamandur Vill Vempakkam Taluk Thiruvanamali Dist Dusi PS HS NO. 353/013 'A+' CATEGORY Associates (Present-Active) 03 cases – PT 09 cases – Ref 02 cases - UI Venkat @ Venkatesan S/o.Balu, Thiruparuthikundram Village, Kanchipuram B3 PS HS NO. 06/2012 'A' CATEGORY Relative (Present-Active) 05 cases – PT 05 cases – Ref 01 case - UI Dhasarathan S/o.Annakotti Thiruparuthikundram Village, Kanchipuram B3 PS HS NO. 03/2012 'A' CATEGORY Relative (Present-Active) 08 cases – PT 05 cases – Ref

¶9The Revenue Divisional Officer, in his earlier report dated

18.11.2023 has stated as follows: "vdnt. kDjhuu ; thf;FK%yk;. fpuhk bghJkf;fs; thf;FK%yk;. fpuhk epUthf my{tyh; mwpf;if. FWtl;l tUtha; Ma;thsh ; mwpf;if. fh";rpg[uk ; tl;lhl;rpaupd ; mwpf;ifapd; mog;gilapYk ; jpU/v/bgUkhs ; j-bg vy;yg;gps;is vd;gtupd; capUf;F Mgj;J ,Ug;gjhy ; nkw;go kDjhuh ; nfhupathW gilf;fyd; cupkk; tH';f gupe;Jiu bra;J. nky;eltof;if vLf;Fk; bghUl;L

rk;ge;jgl;l tl;lhl;rpaupd ; ghpe;Jiu mwpf;ifapid ,j;Jld; ,izj;Js;nsd; vd;gija[k; bjhptpj;Jf; bfhs;fpnwd;/ ,izg;g[ ? nkw;go " Page8 of 9

¶10Therefore, on a conjoint reading of this report dated 18.11.2023 and the status report today produced before this Court, it is clear that the apprehension of the petitioner is genuine and the fact that the two brothers of the petitioner has been done away by the very same gang only lends credence to this apprehension of the petitioner that the police authorities have not been able to save the lives of the petitioner's brothers who have been done away with by the said gang. Therefore, the impugned order cannot be sustained and is hence, quashed. The second respondent is directed to consider the petitioner's application for renewal of license and renew the revolver license bearing No.01/2013/KPM (Revolver) of the petitioner within a period of three weeks from the date of receipt of a copy of this order. With the above directions, this writ petition is allowed. No costs. 09-02-2026 Index: Yes/No Speaking/Non-speaking order ssa

Page9 of 9

P.T.ASHA, J. ssa To

1.The State Of Tamilnadu Rep. By Its Additional Chief Secretary / Commissioner Of Revenue Administration, Ezilagam, Chennai - 600 005.

2.The District Magistrate And District Collector, Kancheepuram District.

3.The Superintendent Of Police Kancheepuram District. 09-02-2026

Page1 of 9 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA E.Perumal S/o. Ellapillai, No.301, Thiruvallur Residential Colony, Poonja Arasanthangal, Kancheepuram District. ..Petitioner(s) Vs 1.The State of Tamilnadu Represented by its Additional Chief Secretary / Commissioner of Revenue Administration, Ezilagam, Chennai - 600 005. 2.The District Magistrate And District Collector, Kancheepuram District. 3.The Superintendent of Police Kancheepuram District. ..Respondent(s) PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus to call for the records pertaining to the Order Passed by the 2nd respondent in his proceedings in Na.Ka.No.18898/2016/M4 dated 01.03.2024 as confirmed by the 1st respondent in his proceedings in Rc.No.R.A.5 (1)/7742/2021 dated 12.08.2024 and to quash the same and direct the respondents renew the petitioner's revolver license bearing no.01/2013/KPM (Revolver). Page2 of 9 For Petitioner(s): Mr.S.Sathish Rajan For Respondent(s): Mr.D.Gopal, GA, For RR1 & 2. Mr.L.Baskaran, GA(Crl.Side), For R3