Kerala High Court
Rajmohan Nair P vs The Land Revenue Commissioner on 29 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.8105 OF 2021(K)
PETITIONERS:
1 RAJMOHAN NAIR P.,
AGED 52 YEARS,
S/O.LATE C.K.NAIR,
RESIDING AT KIZHAKKUMKARA,
AJANUR VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT.
2 ASHOKAN NAMBIAR N.,
AGED 67 YEARS,
S/O.KUNHAMBU NAIR KODOTH,
R/AT SREYAS P. O., PADIMARUTH, KODOTHU VILLAGE,
VELLARIKKUND TALUK, KASARAGOD DISTRICT.
BY ADVS.
SRI.A.ARUNKUMAR
SRI.VIPIN T.JOSE
RESPONDENTS:
1 THE LAND REVENUE COMMISSIONER,
STATE OF KERALA, THIRUVANANTHAPURAM-695 001.
2 THE STATE POLICE CHIEF,
STATE OF KERALA, THIRUVANANTHAPURAM-695 001.
3 THE DISTRICT COLLECTOR,
KASARAGOD, CIVIL STATION, VIDYANAGAR P.O., KASARAGOD
DISTRICT-671 123.
4 THE ADDITIONAL DISTRICT MAGISTRATE,
KASARAGOD, VIDYANAGAR P.O.,
KASARAGOD DISTRICT-671 123.
5 THE DISTRICT POLICE CHIEF,
KASARAGOD,
KASARAGOD DISTRICT-671 123.
6 THE STATION HOUSE OFFICER,
HOSDURG POLICE STATION,
KASARAGOD DISTRICT-671 315.
WP(C).Nos.8105 & 8217 of 2021
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7 THE STATION HOUSE OFFICER,
RAJAPURAM POLICE STATION,
KASARAGOD DISTRICT-671 316.
8 THE ELECTION COMMISSION OF INDIA,
NIRVACHAN SADAN, ASOKA ROAD, PANDIT PANT MARG AREA,
SANSAD MARG AREA, NEW DELHI-110 001.
9 THE STATE ELECTION COMMISSION,
ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.
BY ADVS. SMT.PRINCY XAVIER, GOVERNMENT PLEADER
SRI.DEEPU LAL MOHAN, SC
SRI.KODOTH SREEDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, ALONG WITH WP(C).8217/2021(B), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.8105 & 8217 of 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.8217 OF 2021(B)
PETITIONER:
HANEEFA.M,
AGED 53 YEARS,
S/O.AMU THAYAL,
RESIDING AT MAVVAL, MAVVAL P.O, HOSDURG TALUK,
KASARAGOD DISTRICT.
BY ADVS.
SRI.A.ARUNKUMAR
SRI.VIPIN T.JOSE
RESPONDENTS:
1 THE LAND REVENUE COMMISSIONER,
STATE OF KERALA,
THIRUVANANTHAPURAM-695 001.
2 THE STATE POLICE CHIEF,
STATE OF KERALA,
THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM-695 001.
3 THE DISTRICT COLLECTOR,
KASARAGOD, CIVIL STATION,
VIDYANAGAR P.O., KASARAGOD DISTRICT-671 123.
4 THE ADDITIONAL DISTRICT MAGISTRATE,
KASARAGOD,
VIDYANAGAR P.O.,
KASARAGOD DISTRICT-671 123.
5 THE DISTRICT POLICE CHIEF,
KASARAGOD,
KASARAGOD DISTRICT-671 123.
6 THE STATION HOUSE OFFICER,
BEKAL POLICE STATION, KASARAGOD DISTRICT-671 318.
WP(C).Nos.8105 & 8217 of 2021
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7 THE ELECTION COMMISSION OF INDIA,
NIRVACHAN SADAN, ASOKA ROAD, PANDIT PANT MARG AREA,
SANSAD MARG AREA, NEW DELHI-110 001.
8 THE STATE ELECTION COMMISSION,
ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX,
VIKAS BHAVN P.O., THIRUVANANTHAPURAM-695 033.
BY ADVS. SMT.PRINCY XAVIER, GOVERNMENT PLEADER
SRI.DEEPU LAL MOHAN, SC
SRI.KODOTH SREEDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, ALONG WITH WP(C).8105/2021(K), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.8105 & 8217 of 2021
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JUDGMENT
Petitioners are licensees of fire
arms. According to them, they have deposited
the fire arms as per Exts.P2 and P2(a) on
the basis of the direction issued by the
Station House Officer.
2. The petitioners submit that they have
not received any notice from the District
Magistrate/the licensing authority.
3. Persons similarly situated like the
petitioners had already approached this
Court in W.P.(C) No.3682 of 2021 and was
disposed of 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
WP(C).Nos.8105 & 8217 of 2021
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 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
WP(C).Nos.8105 & 8217 of 2021
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 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
WP(C).Nos.8105 & 8217 of 2021
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 firearms with the respective Police
stations or the armories, 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).Nos.8105 & 8217 of 2021
APPENDIX OF WP(C) 8105/2021
PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ARMS LICENCE OF THE 1ST
PETITIONER ISSUED BY DISTRICT MAGISTRATE.
EXHIBIT P1(A) A TRUE COPY OF THE ARMS LICENCE OF THE 2ND
PETITIONER ISSUED BY DISTRICT MAGISTRATE.
EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 04.03.2021
SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE
1ST PETITIONER.
EXHIBIT P2(A) A TRUE COPY OF THE RECEIPT DATED 01.03.2021
SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE
2ND PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED
10.07.2009 IN CRIMINAL WRIT PETITION NO.
835/2009 ON THE FILES OF THE HONOURABLE
BOMBAY HIGH COURT DOWNLOADED THROUGH
INTERNET.
EXHIBIT P4 THE TRUE COPY OF THE INSTRUCTION BEARING
NO.464/INST/2009/EPS, DATED 1.9.2009 ISSUED
BY THE ELECTION COMMISSION OF INDIA.
EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED
17.02.2021 IN W.P.(C) NO.3682/2021 ON THE
FILES OF THIS HONOURABLE COURT.
WP(C).Nos.8105 & 8217 of 2021
APPENDIX OF WP(C) 8217/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ARMS LICENCE OF THE
PETITIONER
EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 29.01.2021
SHOWING THE DEPOSIT OF THE FIRE ARMS OF THE
PETITIONER
EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED
10.07.2009 IN CRIMINAL WRIT PETITION NO.
835/2009 ON THE FILES OF THE HONOURABLE
BOMBAY HIGH COURT DOWNLOADED THROUGH
INTERNET.
EXHIBIT P4 THE TRUE COPY OF THE INSTRUCTION BEARING
NO.464/INST/2009/EPS, DATED 1.9.2009 ISSUED
BY THE ELECTION COMMISSION OF INDIA.
EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED
17.2.2021 IN W.P(C) NO.3682/2021 ON THE
FILES OF THIS HONOURABLE COURT.
