Madras High Court
WP CRL./2722/2026 of G.Nesamani Vs The State Rep. by, The Secretary on 13 October 2026
WP Crl. No. 2722 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
WP Crl. No. 2722 of 2026
CNR: {HCMA012430522026}
G.Nesamani
S/o Gurusamy,
No.74/35, Ashok Nagar,
4th Street, Veeraraghavan Road,
New Washermanpet, Chennai.
Previously Residing at,
No.10, Corporation Colony,
3rd Street, Tondiarpet,
Chennai – 600 081.
..Petitioner(s)
Vs
1. The State of Tamil Nadu Rep. by,
The Secretary
Home Department,
St. George Fort,
Chennai.
2. The District General of Police
Post Box No.601,
Dr.Radhakrishnan Salai, Mylapore,
Chennai.
3. The Commissioner of Police
Greater Chennai Police,
Vepery, Chennai.
4. The Deputy Commissioner of Police
Administration,
Greater Chennai Police,
Vepery, Chennai.
..Respondent(s)
( Uploaded on: 23/10/2026 06:06:48 pm )
WP Crl. No. 2722 of 2026
Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 2nd Respondent to pass orders in the appeal preferred by the Petitioner in C.No.349 of 2026/DGP- HoPF/Visitors/dated 02.03.2026 within any specific time period fixed by this Court.
For Petitioner(s):
Mr.Kandeep Shravan
For Respondent(s):
Mr.S.Yogaraja Sekar
Counsel for Govt. of Tamil Nadu
(Crl.side) For R1 To R4
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The petitioner seeks for a Mandamus to dispose of the appeal that he has preferred under Section – 18(1) of the Arms Act, 1959, before the second respondent / Head of Police Force (hereinafter referred to as the “HoPF”).
2. It is not in dispute that the petitioner was benefitted with an arms licence for 32 NP Bore Revolver No.16897. This license was valid till 31.12.2023. The petitioner filed an application for extension of the said license. It came to be rejected by the Commissioner of Police on the ground that there is no specific threat or complaint or intimidation from any anti-social elements to the petitioner.
3. Aggrieved by the said order dated 12.01.2026, the writ petitioner filed an appeal before the Director General of Police / HoPF on 02.03.2026. As the
( Uploaded on: 23/10/2026 06:06:48 pm )
WP Crl. No. 2722 of 2026
appeal has not been disposed of, he gave a representation on 27.08.2026. Since he received no response, he has come forward with the present Writ Petition.
4. Heard Mr.Kandeep Sharavan, learned counsel for the petitioner and Mr.S.Yogaraja Sekar, learned Counsel for Govt. of Tamil Nadu (Crl.side) for the respondents.
5. As per the Arms Act and the Rules made thereunder, an appeal from the order passed by the Original Authority lies only to the State of Tamil Nadu. [See, Rule 105(b) of the Arms Rules, 2016]. No appeal is maintainable before the Director General of Police. When an appeal had been presented to a wrong authority, Mandamus cannot be maintained for the purpose of disposing of an appeal. This Court cannot confer appellate jurisdiction on an authority who does not possess the requisite jurisdiction.
6. There shall be a direction to the second respondent to forthwith transmit the appeal papers received from the petitioner on 02.03.2026 to the first respondent. On receipt of the papers, the first respondent shall issue notice, hear the parties and dispose of the appeal.
( Uploaded on: 23/10/2026 06:06:48 pm )
WP Crl. No. 2722 of 2026
7. With the above directions, this Writ Petition is disposed of. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No BKN
( Uploaded on: 23/10/2026 06:06:48 pm )
WP Crl. No. 2722 of 2026
To:
1. The Secretary Home Department, St. George Fort, Chennai.
2. The District General of Police Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai.
3. The Commissioner of Police Greater Chennai Police, Vepery, Chennai.
4. The Deputy Commissioner of Police Administration, Greater Chennai Police, Vepery, Chennai.
( Uploaded on: 23/10/2026 06:06:48 pm )
WP Crl. No. 2722 of 2026
V.LAKSHMINARAYANAN, J. BKN WP Crl. No. 2722 of 2026 13-10-2026
( Uploaded on: 23/10/2026 06:06:48 pm )