Varghese Chacko vs State Of Kerala
2021 Latest Caselaw 10527 Ker

               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.8228 OF 2021(C)


PETITIONERS:

      1        VARGHESE CHACKO,
               AGED 66 YEARS,
               S/O.CHACKO, VETTATHUKUNNEL HOUSE, AREEKAMALA P.O,
               NADUVIL VIA, KANNUR DISTRICT-670 582.

      2        ANTONY A.T,
               AGED 64 YEARS,
               S/O.THOMAS, APRAKUDIYIL HOUSE,
               VALIYA AREEKAMALA P.O, NADUVILA VIA,
               KANNUR DISTRICT-670 582.

      3        SAJI O.M,
               AGED 64 YEARS,
               S/O.MATHEW O.V, OLIKKAL HOUSE, OOMALA,
               EDAVARAMBA POST, CHERUPUZHA VIA,
               KANNUR DISTRICT-670 511.

               BY ADV. SRI.THOMSTINE K.AUGUSTINE

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY THE CHIEF SECRETARY,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2        THE CHIEF ELECTORAL OFFICER,
               VIKAS BHAVAN, LEGISLATIVE COMPLEX,
               THIRUVANANTHAPURAM-695 001.

      3        THE DISTRICT COLLECTOR, KANNUR,
               CIVIL STATION, KANNUR P.O, KANNUR DISTRICT-670 001.

      4        THE SUPERINTENDENT OF POLICE (RURAL),
               OFFICE OF THE SUPERINTENDENT OF POLICE, TALAP, KANNUR
               DISTRICT-670 002.

      5        THE STATION HOUSE OFFICER,
               KUDIYANMALA POLICE STATION, KUDIYANMALA P.O,
               KANNUR DISTRICT-670 582.
 WP(C).No.8228 of 2021(C)
                               2

      6      THE STATION HOUSE OFFICER,
             CHERUPUZHA POLICE STATION, CHERUPUZHA P.O,
             KANNUR-670 511.

             BY ADVS. SMT.VINITHA.B, GOVERNMENT PLEADER
                      SRI.DEEPU LAL MOHAN, SC,
                      ELECTION COMMISSION OF INDIA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8228 of 2021(C)
                                         3


                                   JUDGMENT

The petitioners claim that their

licensed arms are deposited with the

respondents 5 and 6 as per the receipts

Exts.P5 to P7 in January and February, 2021.

2. In the receipts the respective Station

House Officers have stated that they have

surrendered the licensed arms on the basis of

the directions issued by the District

Collector in connection with the election to

the Legislative Assembly, 2021. This Court has

already held in innumerable judgments that the

procedure prescribed for impounding the

licensed arms, shall be strictly in accordance

with the provisions contained in clause 3.10

and 3.11 of the Circular issued by the

Election Commission on 01.09.2009.

3. In the absence of a finding by a

Screening Committee as constituted in WP(C).No.8228 of 2021(C)

accordance with the provisions contained in

the said Circular and a finding as against the

petitioners, there cannot be any direction to

surrender the licensed arms. Moreover, in

January, 2021 the licensing authority or the

District Magistrate/District Collector, was

not supposed even to convene the Screening

Committee as provided in the said Circular.

Sub clause (b) of clause 3.11 provides that

Screening Committee shall commence the work of

screening from the day of announcement of

election by the Election Commission and it

shall complete the exercise of screening in

respect of licenses placed before it as far as

possible before the date of issue of

notification of elections.

4. In the aforesaid circumstances, the

directions, if any, as referred to in the

receipts can only be in gross disregard of the WP(C).No.8228 of 2021(C)

Circular as well as the judgments of this

Court.

Accordingly, the respondents 5 to 7

shall return the licensed fire arms to the

respective petitioners within a period of

three days from the date of receipt of a copy

of the judgment.

             The     writ    petition    is    disposed     of,

    accordingly.                                    Sd/-

                                                   P.V.ASHA
                                                    JUDGE
    ww
 WP(C).No.8228 of 2021(C)


                           APPENDIX
PETITIONERS' EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE ARMS LICENSE NO.1173/TPBA
                     ISSUED    BY   THE    ADDITIONAL   DISTRICT

MAGISTRATE, KANNUR TO THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE ARMS LICENSE NO.1628/TPBA ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE ARMS LICENSE NO.1621/TPBA ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO THE 3RD PETITIONER.

EXHIBIT P4 TRUE COPY OF THE CIRCULAR DATED 1.9.2009 ISSUED BY THE ELECTION COMMISSION.

EXHIBIT P5 TRUE COPY OF THE DEPOSIT RECEIPT DATED / 2/2021 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P6 TRUE COPY OF THE DEPOSIT RECEIPT DATED 16.1.2021 ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P7 TRUE COPY OF THE DEPOSIT RECEIPT DATED 12.2.2021 ISSUED BY THE 6TH RESPONDENT TO THE 3RD PETITIONER.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 12.3.2021 IN W.P.C NO.5622/2021 OF THIS HON'BLE COURT.