George Joseph vs State Of Kerala
2021 Latest Caselaw 8397 Ker

W.P(C).nO.5780/2021-V               1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                        WP(C).No.5780 OF 2021(V)


PETITIONERS:

       1       GEORGE JOSEPH
               AGED 48 YEARS
               S/O. JOSEPH V.T, EDAPPATTU KAVUNGAL HOUSE,
               MAIKKAVU P.O, KOZHIKODE DISTRICT, KERALA-673 573.

       2       THANKACHAN K.V,
               AGED 58 YEARS
               S/O.VARKEY, KUNNUMPURATH HOUSE, MAIKKAVU P.O,
               KOZHIKODE DISTRICT, KERALA-673 573.

       3       JOSE V.A,
               AGED 58 YEARS
               S/O. ABRAHAM, VETTOR KUDIYIL HOUSE, KOODATHAI P.O,
               KOZHIKODE DISTRICT, KERALA-673 573.

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

RESPONDENTS:

       1       STATE OF KERALA
               REPRESENTED BY THE CHIEF SECRETARY,
               THIRUVANANTHAPURAM-695 036.

       2       THE CHIEF ELECTORATL OFFICER,
               VIIKAS BHAVAN, LEGISLATIVE COMPLEX,
               THIRUVANANTHAPURAM DISTRICT, KERALA-695 033.

       3       THE DISTRICT COLLECTOR,
               KOZHIKODE P.O, KOZHIKODE-673 020.

       4       THE SUPERINTENDENT OF POLICE (RURAL),
               VADAKARA P.O, KOZHIKODE-673 101.
 W.P(C).nO.5780/2021-V            2




       5       THE STATION HOUSE OFFICER,
               KODENCHERY POLICE STATION, KODENCHERY P.O,
               KOZHIKODE-673 580

               SMT.VINITHA.B, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).nO.5780/2021-V                       3




                                      P.V.ASHA, J.
                   -----------------------------------------------------
                              W.P(c) No.5780 of 2021-V
                    ----------------------------------------------------
                       Dated this the 12th day of March, 2021

                                  JUDGMENT

The complaint of the petitioners, who are having Arms Licence, is that the

5th respondent Station House Officer directed them to deposit their licenced arms

with the Police Station in connection with the election to be conducted to the

legislative assembly. In respect of the deposit of the same made thereupon,

Exts.P2 to P4 receipts were issued to them by the Station House Officer. The

petitioners point out that the direction to deposit is contrary to the directions of this

Court in Ext.P5 judgment and a series of other judgments where this Court has

directed strict adherence to Ext.P1 circular and such directions can be issued only

on the basis of any finding by the screening committee to be constituted in

accordancde with Ext.P1 circular.

2. The learned Government Pleader on instructions submits that

respondents 3 to 5 have not issued any direction to the petitioner to deposit their

weapons and that the petitioners would have deposited it on their own under the

mistaken impression that they have to deposit the same immediately before the

election. If that be so, the petitioners would be free to get the licensed arms back

from the 5th respondent, who has issued the receipts. If the petitioners approach

the 5th respondent, the same shall be returned to the petitioners within 3 days.

The Writ Petition is allowed accordingly.

Sd/- (P.V.ASHA, JUDGE)

rtr/

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 02.03.2021 TO 1ST PETITIONER.

EXHIBIT P3 TRUE COPY OF THE DEPOSIT RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 02.03.2021 TO 2ND PETITIONER.

EXHIBIT P4 TRUE COPY OF THE DEPOSIT RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 02.03.2021 TO 3RD PEITIONER.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO. 3525 OF 2021 DATED 18.02.2021.