Chalil Kulangara Damodaran vs Kerala State Election Commission
2021 Latest Caselaw 10787 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.8322 OF 2021(M)


PETITIONER:

               CHALIL KULANGARA DAMODARAN
               AGED 68 YEARS
               SON OF LATE CHATHUKUTTY NAMBIAR, RESIDING AT CHALIL
               KULANGARA HOUSE, KAKKARA, VELLORA VILLAGE, KAKKARA
               P.O., VIA MM BAZAR, KANNUR DISTRICT, PIN-670 306

               BY ADVS.
               SRI.C.MURALIKRISHNAN (PAYYANUR)
               SRI.ABRAHAM GEORGE JACOB

RESPONDENTS:

      1        KERALA STATE ELECTION COMMISSION,
               REPRESENTED BY SECRETARY, VIKAS BHAVAN NEAR
               LEGISLATURE COMPLEX, THIRUVANANTHAPURAM, KERALA
               STATE,PIN-695 033

      2        THE CHIEF ELECTORAL OFFICER,
               VIKAS BHAVAN, NEAR LEGISLATURE COMPLEX,
               THIRUVANANTHAPURAM, KERALA STATE,PIN-695 033

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

      4        THE SUPERINTENDENT OF POLICE (RURAL),
               KANNUR, KANNUR P.O. PIN-670 001

      5        THE STATION HOUSE OFFICER,
               PERINGOM POLICE STATION, PERINGOM P.O.,KANNUR
               DISTRICT, PIN-670 353


               SMT.VINITHA.B, GP,
               SRI.KODOTH SREEDHARAN,SC,
               SRI.DEEPU LAL MOHAN,SC,ELCTION COMMISSION OF INDIA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8322 OF 2021(M)                 2




                               P.V.ASHA, J.
           -----------------------------------------------------
                        W.P(c) No.8322 of 2021-M
             ----------------------------------------------------
                 Dated this the 30th day of March, 2021

                              JUDGMENT

The petitioner claims that on the basis of oral direction, the licenced

firearm was deposited with the 5th respondent, based on which Ext.P2

receipt has been issued to the petitioner.

2. Persons similarly situated like the petitioner 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 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.

3. 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.

4. 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 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 petitioner, who has already deposited

his firearm with the 5th respondent, would be free to get those firearm

released and the 5th respondent shall see that the same is released to the

petitioner, within a period of three days from the date of receipt of a copy of

the judgment.

SD/-

(P.V.ASHA, JUDGE)

RPS

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE ARMS LICENSE ISSUED BY
                     ADDITIONAL DISTRICT MAGISTRATE KANNUR TO
                     THE PETITIONER

EXHIBIT P2           THE TRUE COPY OF THE RECEIPT DATED
                     10.02.2021 ISSUED BY THE 5TH RESPONDENT
                     ACKNOWLEDGING DEPOSIT OF THE GUN

EXHIBIT P3           A TRUE COPY OF THE CIRCULAR NUMBER

464/INST/2009/EPS DATED 1ST SEPTEMBER 2009 ISSUED BY ELECTION COMMISSION OF INDIA

EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NUMBER 3727 OF 2021 DATED 18.02.2021 RESPONDENT'S/S EXHIBITS:NIL

//TRUE COPY// PA TO JUDGE