Anil Thomas vs State Of Kerala
2021 Latest Caselaw 8922 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.6843 OF 2021(E)


PETITIONERS:

      1        ANIL THOMAS, AGED 46 YEARS
               S/O. THOMAS, AYKKARETH HOUSE, EDAKKUNNAM, KARUKUTTY,
               PADUVAPURAM,
               ERNAKULAM DISTRICT, KERALA-683 576

      2        SHAMON.P.Y., AGED 45 YEARS
               S/O. P.Y.YOYAKKI, PULLAMANGALAM HOUSE,
               NELLIKUZHI P.O., KOTHAMANGALAM,
               ERNAKULAM DISTRICT, KERALA-686 691

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

RESPONDENTS:

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

      2        THE CHIEF ELECTORAL OFFICER,
               VIKAS BHAVAN, LEGISLATIVE COMPLEX, THIRUVANANTHAPURAM
               DISTRICT,KERALA-695 033

      3        THE DISTRICT COLLECTOR,
               CIVIL STATION P.O., ERNAKULAM-682 030

      4        THE SUPERINTENDENT OF POLICE,
               ALUVA RURAL-683 101

      5        THE STATION HOUSE OFFICER,
               ANGAMALY, ERNAKULAM-683 572

      6        THE STATION HOUSE OFFICER,
               KOTHAMANGALAM, ERNAKULAM-686 691

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.6843 OF 2021(E)

                                         2




                            J U D G M E N T

Petitioners, who are holders of arms licence, are

aggrieved by the illegal direction of respondents 5

and 6 to deposit their firearms with the Police

Station or armoury. Both of them deposited their

firearms in T.Jacob armoury.

2. Learned counsel for the petitioners submits

that even after Ext.P4 judgment dated 20.11.2020 in

W.P.(C).No.25224 of 2020 was rendered with the

Superintendent of Police, Aluva (Rural) on the party

array, the Station House Officers under him continue

to issue directions to deposit the licensed arms.

3. In Ext P4 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, WP(C).No.6843 OF 2021(E)

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

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

Nos.3525 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 even after judgments were rendered,

the learned Government Pleader was directed to get WP(C).No.6843 OF 2021(E)

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

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. As the petitioners have already deposited their WP(C).No.6843 OF 2021(E)

fire arms with the Armoury, the respondents 5 and 6

shall see that their firearms are released to them and

petitioners would be free to get those fire arms

released from the Armoury, 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.6843 OF 2021(E)

APPENDIX PETITIONER'S 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 TO THE 1ST PETITIONER DATED 13.03.2021

EXHIBIT P3 TRUE COPY OF THE DEPOSIT RECEIPT ISSUED TO THE 2ND PETITIONER DATED 10.03.2021

EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.25224 OF 2020 DATED 20.11.2020