Kerala High Court
Roni M.George vs State Of Kerala on 26 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
WP(C).No.7275 OF 2021(H)
PETITIONERS:
1 RONI M.GEORGE,
AGED 52 YEARS,
MANAYANICKAL, KATTAKAYAM, PALA.P.O-686 575,
LALAM VILLAGE, MEENACHIL TALUK.
2 A.P.PRASANNAN,
AREEPARAYIL HOUSE, BHARANANGANAM.P.O,
BHARANANGANAM VILLAGE, MEENACHIL TALUK.
3 RONY AUGUSTINE,
KUZHINJALIL HOUSE, PRAVITHANAM.P.O,
PALA, KOTTAYAM, BHARANANGANAM VILLAGE,
MEENACHIL TALUK.
4 JOSE JOSEPH,
THARAPPEL, KIZHAPARAYAR.P.O,
BHARANANGANAM,POOVARANY VILLAGE,
MEENACHIL TALUK.
5 ROY.A.PAREKATTU,
PAREKATTU HOUSE, POOVARANY.P.O.,
POOVARANY VILLAGE, KOTTAYAM-686 577.
6 JOSHY JOSEPH,
PINAKKATTU HOUSE, EDAPPADY.P.O.-686 578,
BHARANANGANAM VILLAGE, MEENACHIL TALUK.
7 JERARD ANTONY,
PANDIMARATHINKAL HOUSE, EDAMATTOM.P.O,
POOVARANY VILLAGE, PALA, MEENACHIL TALUK.
8 BABY JOSEPH,
MUNDATTUCHUNDAYIL HOUSE, POOVARANY.P.O,
POOVARANY VILLAGE, MEENACHIL TALUK,
KOTTAYAM DISTRICT.
WP(C).No.7275 of 2021(H)
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9 BINU JOSE,
MEKKALATH HOUSE, POONJAR.P.O,
POONJAR NADUBHAGAM VILLAGE-686 581.
10 P.T.JOSEPH,
PLATHOTTAM, MANIYAMKUNNU,
POONJAR.P.O, POONJAR VILLAGE,
MEENACHIL TALUK.
11 ALEX THOMAS,
PEEDIKAYIL HOUSE, KUNNONNY.P.O,
POONJAR SOUTH, POONJAR THEKKEKARA VILLAGE,
MEENACHIL TALUK.
12 SCARIA ALEXANDER,
NJAVALLIL HOUSE, KAPPADU.P.O,
KANJIRAPPALLY, KOTTAYAM DISTRICT.
13 SURESH MATHEW,
VELUPULLATTU HOUSE, KADANAD.P.O,
KADANAD VILLAGE, MEENACHIL TALUK,
KADANAD KARA.
14 BEN JOSE,
CHOORACKAL, ARUVIKUZHY.P.O.,
ANICKADU VILLAGE, ANICKADU KARA,
KOTTAYAM TALUK.
15 GIGI MATHEW,
VALUMMANNEL, ANAKKALLU.P.O,
KANJIRAPPALLY, PIN-686 508.
BY ADVS.
SRI.LIJI.J.VADAKEDOM
SMT.REXY ELIZABETH THOMAS
SRI.RAJEEV JYOTHISH GEORGE
SRI.KENNEDY M.GEORGE
SRI.TOM E. JACOB
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
WP(C).No.7275 of 2021(H)
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2 THE DISTRICT COLLECTOR-KOTTAYAM,
COLLECTORATE, KOTTAYAM, CIVIL STATION.P.O.,
KOTTAYAM-686 002.
3 THE DISTRICT POLICE CHIEF-KOTTAYAM,
OFFICE OF THE DISTRICT POLICE CHIEF KOTTAYAM,
CIVIL STATION.P.O, KOTTAYAM-686 502.
4 THE STATION HOUSE OFFICER,
(CIRCLE INSPECTOR OF POLICE),
PALA POLICE STATION, PALA.P.O,
KOTTAYAM DISTRICT, PIN-686 575.
5 THE STATION HOUSE OFFICER,
(CIRCLE INSPECTOR OF POLICE),
ERATTUPETTA POLICE STATION,
ERATTUPETTA.P.O, KOTTAYAM-686 121.
6 THE STATION HOUSE OFFICER,
(CIRCLE INSPECTOR OF POLICE),
THIDANADU POLICE STATION, THIDANADU,
KOTTAYAM-686 123.
7 THE STATION HOUSE OFFICER,
(CIRCLE INSPECTOR OF POLICE),
MELUKAVU POLICE STATION,
MELUKAVU.P.O, KOTTAYAM-686 652.
8 THE STATION HOUSE OFFICER,
(CIRCLE INSPECTOR OF POLICE),
PALLICKATHODE POLICE STATION,
PALLICKATHODE P.O, KOTTAYAM-686 507.
9 THE STATION HOUSE OFFICER,
(CIRCLE INSPECTOR OF POLICE),
KANJIRAPPALLY POLICE STATION,
KANJIRAPPALLY P.O, KOTTAYAM-686 507.
10 THE ELECTION COMMISSION OF INDIA,
NIRVACHAN SADAN, ASOKA ROAD,
PANDIT PANT MARG AREA,SANSAD MARG AREA,
NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY.
11 THE STATE ELECTION COMMISSION,
ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX,
VIKAS BHAVAN.P.O,
THIRUVANANTHAPURAM-695 033,
REPRESENTED BY ITS SECRETARY.
WP(C).No.7275 of 2021(H)
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BY ADVS. SRI.DEEPU LAL MOHAN
SRI.KODOTH SREEDHARAN, SC,
STATE ELECTION COMMISSION, KERALA
SMT.PRINCY XAVIER, GOVERNMENT PLEADER
SRI.P.VIJAYAKUMAR, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7275 of 2021(H)
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JUDGMENT
Petitioners are aggrieved by the
illegal directions issued by the respondents 4
to 9 to deposit the licensed fire arms either
in the police Station or in the armory.
2. It is stated that the respondents 4
and 7 issued Exts.P1 and P2 notices to the
petitioners 1 and 13 respectively and the
other Station House Officers issued oral
directions, based on which petitioners
surrendered their licensed arms in various
armories in the district. It is stated that
they had also submitted representations Ext.P3
series before the District Collector as
against the illegal action of the Station
House Officers.
3. Persons similarly situated like
petitioners had already approached this Court
in W.P.(C) No.3682 of 2021 and was disposed of
WP(C).No.7275 of 2021(H)
by judgment dated 17.02.2021 with a direction
to the respondents that such directions to
deposit the licensed arms shall not be issued
and the Circular issued by the Election
Commission on 01.09.2009 has to be followed
and that it is for the licensing authority to
issue notice to the licensee, in the event of
a finding arrived at by the Screening
Committee to be constituted in accordance with
the provisions contained in clause 3.11 of the
said Circular, directing the licensee to
deposit the fire arm. Seeing that the
directions to deposit the licensed fire arms
were issued to petitioners without any notice
issued to them by the licensing authority and
that not even a Screening Committee was
constituted in accordance with clause 3.11 of
the Circular dated 01.09.2009 issued by the
Election Commission of India, this Court
WP(C).No.7275 of 2021(H)
directed the respective Station House Officers
to release the fire arms deposited with them.
4. Seeing that such instances are
recurring in even in the districts from which
writ petitions were already filed, and
judgment was rendered, the learned Government
Pleader was directed to get instruction from
the State Police Chief and the Commissioner
for Land Revenue, as to why the police
officers are collecting the licensed arms,
despite the directions in a series of
judgments of this Court in Saji Kuriachan v.
District Collector, Ernakulam [2011 (1) KLT
484], Binesh G. Vadath v. District Collector
[2011 (1) KHC 214], Joseph v. District
Collector [2019 (1) KLT 1034], etc.
5. The learned Government Pleader submits
that the State Police Chief has thereupon
issued letter dated 15.03.2021 directing all
WP(C).No.7275 of 2021(H)
the District Police Chief across the State to
instruct the respective officers under them to
desist from requiring deposit of fire arms and
to strictly abide by the Circular issued on
01.09.2009 of the Election Commission of
India.
In the light of the aforesaid
directions issued by the State Police Chief,
this writ petition is disposed of. The
petitioners, who have already deposited their
fire arms with the respective police stations
or the armories, petitioners would be free to
get those fire arms released and the
respective Station House Officers shall see
that the same is released to the petitioners,
within a period of three days from the date of
receipt of a copy of the judgment. Sd/-
P.V.ASHA
JUDGE
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WP(C).No.7275 of 2021(H)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 THE COPY OF THE NOTICE DATED 6.3.2021 ISSUED
BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P2 THE COPY OF THE NOTICE DATED 7.3.2021 ISSUED
BY THE 6TH RESPONDENT TO PETITIONER NO.13.
EXHIBIT P3 THE COPY OF THE REPRESENTATION DATED 15.2.2021
(SUBMITTED BY THE 1ST PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR ON
23.2.2021).
EXHIBIT P3(A) THE COPY OF THE REPRESENTATION DATED 15.2.2021
(SUBMITTED BY THE 2ND PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR ON
23.2.2021).
EXHIBIT P3(B) THE COPY OF THE REPRESENTATION DATED
6.3.2021(SUBMITTED BY THE 3RD RESPONDENT-
DISTRICT COLLECTOR ON 6.3.2021)
EXHIBIT P3(C) THE COPY OF THE REPRESENTATION DATED 15.2.2021
(SUBMITTED BY THE 4TH PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR 23.2.2021).
EXHIBIT P3(D) THE COPY OF THE REPRESENTATION DATED 15.2.2021
(SUBMITTED BY THE 5TH PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR 23.2.2021).
EXHIBIT P3(E) THE COPY OF THE REPRESENTATION DATED 15.2.2021
(SUBMITTED BY THE 6TH PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR 23.2.2021).
EXHIBIT P3(F) THE COPY OF THE REPRESENTATION DATED 6.3.2021
(SUBMITTED BY THE 7TH PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR ON
6.3.2021).
EXHIBITP3(G) THE COPY OF THE REPRESENTATION DATED 6.3.2021
(SUBMITTED BY THE 8TH PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR ON
6.3.2021).
WP(C).No.7275 of 2021(H)
EXHIBIT P3(H) THE COPY OF THE REPRESENTATION DATED 6.3.2021
(SUBMITTED BY THE 9TH PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR ON
6.3.2021).
EXHIBIT P3(I) THE COPY OF THE REPRESENTATION DATED 6.3.2021
(SUBMITTED BY THE 10TH PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR ON
6.3.2021).
EXHIBIT P3(J) THE COPY OF THE REPRESENTATION DATED 15.2.2021
(SUBMITTED BY THE 11TH PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR ON
23.2.2021).
EXHIBIT P3(K) THE COPY OF THE REPRESENTATION DATED 6.3.2021
(SUBMITTED BY THE 12TH PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR ON
6.3.2021).
EXHIBIT P3(I) TRUE COPY OF THE REPRESENTATION DATED
15.2.2021 (SUBMITTED BY THE 13TH PETITIONER
BEFORE THE 2ND RESPONDENT-DISTRICT COLLECTOR
ON 6.3.2021).
EXHIBIT P3(M) THE COPY OF THE REPRESENTATION DATED 6.3.2021
(SUBMITTED BY THE 5TH PETITIONER BEFORE THE
2ND RESPONDENT-DISTRICT COLLECTOR ON
6.3.2021).
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED 30/6/2009
IN CRIMINAL WRIT PETITION NO.835/2009 ON THE
FILES OF THE HONOURABLE BOMBAY HIGH COURT
DOWNLOADED THORUGH INTERNET.
EXHIBIT P5 THE TRUE COPY OF THE INSTRUCTION BEARING
NO.464/INST/2009/EPS DATED 1/9/2009 ISSUED BY
THE ELECTION COMMISSION OF INDIA.
EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT DATED 17/2/2021
IN W.P(C)NO.3682/2021 ON THE FILES OF THIS
HONOURABLE COURT.
