James Mathew vs State Of Kerala
2021 Latest Caselaw 8920 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                       WP(C).No.6819 OF 2021(B)


PETITIONER:

               JAMES MATHEW,
               AGED 68 YEARS
               S/O. LATE P.C.MATHEW PANNIVELIL, HOUSE NO.15,
               CHANDRA NAGAR P.O., PALAKKAD (DIST.), PIN-678007.

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

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE CHIEF SECRETARY,
               SECRETARIAT, THIRUVANANTHAPURAM-695036.

      2        THE CHIEF ELECTORAL OFFICER,
               VIKAS BHAVAN, LEGISLATIVE COMPLEX,
               THIRUVANANTHAPURAM DISTRICT, KERALA-695033.

      3        THE DISTRICT COLLECTOR,
               CIVIL STATION P.O., PALAKKAD-678001.

      4        THE SUPERINTENDENT OF POLICE,
               NURANI, PALAKKAD-678001.

      5        THE STATION HOUSE OFFICER,
               KASABA POLICE STATION, KAILAS NAGAR,
               PUDUSSERY WEST, PALAKKAD-678622.


OTHER PRESENT:

               SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6819 OF 2021(B)

                                      2




                           J U D G M E N T

Petitioner, who is a holder of arms licence, is

aggrieved by the illegal direction of the 5 th

respondent to deposit the licensed firearm with the

Police Station.

2. Learned counsel for the petitioner submits

that even after Ext.P2 judgment in W.P.(C).No.25569

of 2020 dated 20.11.2020 was rendered with the

Superintendent of Police, Palakkad on the party

array, the Station House Officers under him continue

to issue directions to licensees to deposit their

fire arms contrary to the directions of this court.

3. Persons similarly situated like petitioner

had already approached this Court in W.P.(C)

Nos.25569 of 2020, when the Station House Officers

directed the petitioners therein to deposit their

licensed firearms under the guise of ensuring

peaceful conduct of election to the local body. In WP(C).No.6819 OF 2021(B)

Ext.P2 judgment, this Court had already directed 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. Similar directions were WP(C).No.6819 OF 2021(B)

issued in the judgment dated 18.02.2021 in W.P.(C)

No.3525/2021 and 3727 of 2021 also.

4. 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.

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 WP(C).No.6819 OF 2021(B)

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, the writ petition is

disposed of. In case the petitioner has already

deposited his fire arms with the police stations or

the armories, petitioner would be free to get those

fire arms released and the Station House Officer 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 AS WP(C).No.6819 OF 2021(B)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE CIRCULAR DATED 1.9.2009 FROM THE ELECTION COMMISSION.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 20.11.2020 IN WP(C) NO.25569 OF 2020.