Thomas.C.V. vs Kerala State Election Commission
2021 Latest Caselaw 4683 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       WP(C).No.2754 OF 2021(T)


PETITIONER:

      1        THOMAS.C.V., AGED 65 YEARS,
               S/O.VARGHESE, CHEMPAKASSERY HOUSE, PAYANCHERY, IRITTY
               P.O, KANNUR, KERALA-670 703.

      2        JOBY SEBASTIAN, AGED 46 YEARS,
               S/O.SEBASTIAN, PLASSANAL HOUSE, MANATHANA P.O.,
               KANNUR DISTRICT, KERALA-670 674.

               BY ADVS.
               SRI.SAJI KURIACHAN
               SRI.M.R.NANDAKUMAR

RESPONDENTS:

      1        KERALA STATE ELECTION COMMISSION,
               REPRESENTED BY SECRETARY, VIKAS BHAVAN,
               NEAR LEGISLATURE COMPLEX,
               THIRUVANANTHAPURAM, KERALA-695033.

      2        THE CHIEF ELECTORAL OFFICER, VIKAS BHAVAN,
               LEGISLATIVE COMPLEX,
               THIRUVANANTHAPURAM DISTRICT, KERALA-695033.

      3        THE DISTRICT COLLECTOR
               KANNUR P.O, KANNUR-670001.

      4        THE SUPERINTENDENT OF POLICE,
               KANNUR P.O, KANNUR-670001.

      5        THE STATION HOUSE OFFICER,
               IRITTY P.O, KANNUR-670703.

      6        THE STATION HOUSE OFFICER,
               KELAMKOM P.O., KANNUR-670674.

               BY ADVS. SMT.VINITHA.B, GOVERNMENT PLEADER
                        SRI.MURALI PURUSHOTHAMAN, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION           ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2754 OF 2021(T)

                                          2




                                    JUDGMENT

The petitioners, who are holders of arms

licence, are aggrieved by the action of the Station

House Officers, who compelled them to deposit the guns

with the Police station. It is stated that the 1 st

petitioner, who is having arms licence which is

valid up to 21.03.2025, had deposited the gun in

the Police station before the Elections were held

to the Local Bodies. In the case of the 2nd

petitioner, it is stated that the 4th respondent

has taken custody of the weapons held by him ahead

of the Assembly Election.

2. It is stated that in order to ensure

serene atmosphere for General Election, it is

necessary to get all the licensed weapons

deposited with the police station.

3. This Court has on several occasions

considered the circumstances under which licensed

arms can be directed to be deposited in the WP(C).No.2754 OF 2021(T)

police station. The Election Commission had issued

Ext.P1 Circular dated 01.09.2009 and paragraphs

3.10 to 3.12 deal with the circumstances under

which; and the manner in which, the licensed arms

can be directed to be deposited. That occasion

arises only after the declaration of the election,

that too, on the basis of a finding by the

screening committee, and the licensing authority

alone is the authority competent to issue notice

to the license holder to deposit the arms.

4. But in the present case, it is seen that,

in the case of one of the petitioners, the

licensed gun which he had to deposit on

compulsion, in the Police station, before local

body election held in December 2020 is not so far

returned, as election to the legislative assembly

would be held some time in May, 2021 and in the

case of the other person, the 4th respondent has

got its custody in January, 2021 in order to

ensure the alleged serene atmosphere. WP(C).No.2754 OF 2021(T)

5. Respondents 5 or 6, who do not have any

authority to ask the petitioners to deposit their

licensed arms, do not have also any case that the

petitioners have any criminal antecedents or that

the screening committee constituted as per the

circular has met and found it necessary to get the

licensed guns of the petitioners deposited for

ensuring maintenance of law and order in order to

ensure peaceful conduct of the election which is

not yet declared. In the the judgments in Binesh

G. Vadath v. District Collector [2011 (1) KHC

214], Joseph v. District Collector [2019 (1) KLT

1034] etc., this Court has elaborately explained

the circumstances under which the licensed arms

can be directed to be deposited.

In the absence of any such circumstances, the

action of respondents 5 and 6 in getting the

licensed arms from petitioners 1 and 2, is without

authority and illegal. There shall be a direction

to respondents 5 and 6 to return the licensed arms WP(C).No.2754 OF 2021(T)

to the respective petitioners, within a period of

one week, from the date of receipt of a copy of

the judgment.

Accordingly, the writ petition is disposed

of. Sd/-

P.V.ASHA JUDGE ww WP(C).No.2754 OF 2021(T)

APPENDIX

PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE CIRCULAR DATED 01/09/2009 FROM THE ELECTION COMMISSION.

EXHIBIT P2 TRUE COPY OF THE DEPOSIT RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 28/11/2020.

EXHIBIT P3 TRUE COPY OF THE DEPOSIT RECEIPT ISSUED BY THE 6TH RESPONDENT DATED 18/01/2020.