Binoj Thomas vs The District ...
2021 Latest Caselaw 8615 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                       WP(C).No.6358 OF 2021(T)


PETITIONERS:

      1        BINOJ THOMAS
               AGED 50 YEARS
               PALLIVATHUKKAL HOUSE, KARIMBA, MANNARKKAD,
               PALAKKAD,PIN-678 967

      2        SHAJI THOMAS
               MANAKKAL HOUSE, KARIMBA, MANNARKKAD,
               PALAKKAD,PIN-678 967

      3        GEE THOMAS,
               MANAKKAL HOUSE, CHULLIAMKULAM ESTATE,
               KARIMBA, MANNARKKAD, PALAKKAD,PIN-678 967

      4        VIJI THOMAS,
               MANAKKAL HOUSE, KARIMBA, MANNARKKAD,
               PALAKKAD,PIN-678 967

      5        JOSHY THOMAS,
               CHULLIAMKULAM ESTATE, MANAKKAL HOUSE,
               KARIMBA, MANNARKKAD, PALAKKAD,PIN-678 967

      6        JOSEPH
               PUTHIYAPARAMBIL HOUSE, ELAVAMBADAM POST,
               PALAKKAD,PIN-676 561

      7        ABRAHAM MANUEL,
               VALIPLAKKAL HOUSE, OLINKADAVU, MANGALAM DAM,
               PALAKKAD, PIN-676 561

      8        MOHAMMED RASHEED
               MANILAKATH HOUSE, PANAMKULAM, KARUVANNUR P.O.,
               THRISSUR ,PIN-673 571

      9        M.S.NURUDEEN
               MAMMASARIYILLATH HOUSE, CHAMAKKAL AP.O.,
               THRISSUR,PIN-680 687

      10       K.SUDHAKARAN
               NAVUKKODE KALAM, PATTANCHERRY, PALAKKAD,PIN-678 534

               BY ADV. SMT.R.S.ASWINI SANKAR
 WP(C).No.6358 OF 2021(T)

                                   2


RESPONDENTS:

      1        THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR,
               CIVIL STATION, PALAKKAD-678 001

      2        THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR,
               DISTRICT COLLECTORATE, THRISSUR-680 003

      3        STATION HOUSE OFFICER,
               KALLADIKKODE POLICE STATION,
               PALAKKAD-6789 596

      4        STATION HOUSE OFFICER,
               MANGALAM DAM POLICE STATION,
               PALAKKAD,PIN-676 561

      5        STATION HOUSE OFFICER,
               CHERPPU POLICE STATION,
               THRISSUR,PIN-680 561

      6        SUB INSPECTOR OF POLICE,
               KAIPAMANGLAM POLICE STATION,
               THRISSUR,PIN-673 571

      7        INSPECTOR OF POLICE,
               PUDUNAGARAM POLICE STATION,
               PALAKKAD,PIN-678 503


OTHER PRESENT:

               SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6358 OF 2021(T)

                                    3




                           J U D G M E N T

Petitioners, who are license holders of fire

arms, have filed this writ petition, aggrieved by

the Ext.P2 series of notices issued by respondents 3

to 7- who are the Station House Officers in Palakkad

and Thrissur Districts directing the petitioners to

deposit their licensed firearms in connection with

the election to the Legislative Assembly. It is

stated that petitioners 9 and 10 had deposited their

firearms with the respective Police Stations i.e.,

respondents 6 and 7, even without getting any

notice, on coming to know that the notices like

Ext.P2 series were being issued.

2. When the writ petition came up for

admission, the learned Government Pleader was

directed to get instructions as to the reason for

issuing such notices.

3. This Court had already disposed of several WP(C).No.6358 OF 2021(T)

cases including W.P.(C).Nos.3525 and 3727 of 2021,

when persons similarly situated like petitioners had

approached this Court, directing the District Police

Chief of the respective Districts and the Station

House Officers, explaining the incompetence of the

Police Officers to direct deposit of firearms and

also the procedure to be followed for impounding

licensed firearms strictly in tune with the Circular

issued by the Election Commission Of India on

01.09.2009 and as held in the judgments of this

Court in Saji Kuriachan v. District Collector,

Ernakulam [2011 (1) KLT 484], and reiterated in

Binesh G. Vadath v. District Collector [2011 (1) KHC

214], Joseph v. District Collector [2019 (1) KLT

1034], etc. It was directed that the screening

committee, which has to be constituted in each

Districts, as provided in the circular has to

conduct a review and in case it is found in such a

review, that the impounding of the firearm of a WP(C).No.6358 OF 2021(T)

particular licenseholder is essential for ensuring

the maintenance of law and order and for ensuring a

free and fair election, it is for the licensing

authority has to issue a notice to the licenseholder

directing him to deposit the licensed arm.

4. In the present case the respondents do not

have a case that Ext.P2 series of notices were

issued on the basis of any report from the screening

committee. At any rate the licensing authority has

not issued any notices to the petitioners. Therefore

Ext.P2 series of notices are issued without any

authority.

5. Learned Government Pleader on instructions

submitted that the State Police Chief has already

issued a direction in his letter dated 15.03.2021 to

the District Police Chief of the respective

Districts to instruct the respective officers under

them to desist from getting the fire arms deposited

and to strictly adhere to the Circular dated WP(C).No.6358 OF 2021(T)

01.09.2009 of the Election Commission.

6. Ext.P2 series of notices issued by the

Station House Officers shall therefore stand set

aside. There shall be a direction to respondents 6

and 7 to return the firearms deposited by the

petitioners 9 and 10 respectively or in other words,

the petitioners 9 and 10 can get their firearms

deposited with the respondents 6 and 7 released from

the respective Stations.

Writ petition is accordingly disposed of.

Sd/-

P.V.ASHA, JUDGE

AS WP(C).No.6358 OF 2021(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 1ST PETITIONER BY THE 1ST RESPONDENT

EXHIBIT P1A TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 2ND PETITIONER BY THE 1ST RESPONDENT

EXHIBIT P1B TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 3RD PETITIONER BY THE 1ST RESPONDENT

EXHIBIT P1C TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 4TH PETITIONER BY THE 1ST RESPONDENT

EXHIBIT P1D TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 5TH PETITIONER BY THE 1ST RESPONDENT

EXHIBIT P1E TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 6TH PETITIONER BY THE 1ST RESPONDENT

EXHIBIT P1F TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 7TH PETITIONER BY THE 1ST RESPONDENT

EXHIBIT P1G TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 8TH PETITIONER BY THE 2ND RESPONDENT

EXHIBIT P1H TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 9TH PETITIONER BY THE 2ND RESPONDENT

EXHIBIT P1I TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 10TH PETITIONER BY THE 1ST RESPONDENT

EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO 1ST PETITIONER DATED 5.03.2021 WP(C).No.6358 OF 2021(T)

EXHIBIT P2A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO 2ND PETITIONER DATED 5.03.2021

EXHIBIT P2B TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO 3RD PETITIONER DATED 5.03.2021

EXHIBIT P2C TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO 4TH PETITIONER DATED 5.03.2021

EXHIBIT P2D TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO 5TH PETITIONER DATED 5.03.2021

EXHIBIT P2E TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO 6TH PETITIONER DATED 02.03.2021

EXHIBIT P2F TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO 7TH PETITIONER DATED 02.03.2021

EXHIBIT P2G TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT TO 8TH PETITIONER DATED NIL

EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 6TH RESPONDENT TO 9TH PETITIONER DATED 03.03.2021

EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED BY THE 7TH RESPONDENT TO 10TH PETITIONER DATED 04.03.2021