Kerala High Court
P.P. Mohammed Ali vs District Collector & Chairman ... on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 15824 OF 2024
PETITIONER/S:
1 P.P. MOHAMMED ALI,
AGED 63 YEARS
SON OF P.P. MOHAMMED, PALASSERI PULLIKKAL HOUSE,
KUNNUMPURAM, KUTTOOR NORTH, A.R. NAGAR, MALAPPURAM, PIN
- 676305
2 BENSEER.P.P
AGED 40 YEARS, SON OF MUHAMMED ALI, PULIKKAL HOUSE,
KUTTOOR NORTH P.O., A.R. NAGAR, MALAPPURAM, PIN -
676305
3 MIGDAD.P.M
AGED 60 YEARS
SON OF MOHAMMED MULLATHAYIL, ASHIYANA HOUSE, POOKAYIL
BAZAAR P.O., TIRUR, MALAPPURAM, PIN - 676107
4 MOHAMED HASSAN KODITHODI
AGED 49 YEARS
SON OF URUL MOHAMMED.K, MOROOTIL HOUSE, MONGAM.P.O,
MALAPPURAM, PIN - 673642
5 MOHAMMED ANEESH.P
AGED 62 YEARS
SON OF CHEKKU.P., PULATH HOUSE, NELLIYAMPADAMKALAM,
CHOKKAD.P.O., MALAPPURAM, PIN - 679332
6 MOIDU.A.T
AGED 44 YEARS
SON OF AHAMMED.A.T., ARIMBRA THAYYIL HOUSE,
EDAPPATTA.P.O., MALAPPURAM, PIN - 679326
7 SAFAR.T.K
AGED 59 YEARS
SON OF ABOOBACKER.T.K., THUPPILIKKADAN HOUSE,
NILAMBUR.P.O., MALAPPURAM, PIN - 679308
8 RAJESH.T
AGED 50 YEARS
SON OF NARAYANAN NAIR, THARIPPALA HOUSE,
PADINJATTIYAMPADAM, CHUNGATHALA, MALAPPURAM, PIN -
679334
9 MOHAMMED SHEREEF
AGED 54 YEARS
SON OF HASSAN KOYA, PUTHENVEETTIL HOUSE,
KOTTAPPUZHAPALAM, POOKOTTUMPADAM.P.O., MALAPPURAM, PIN
- 679332
10 MOHAMMED SHAFAF
AGED 36 YEARS
WP(C) NO. 15824 OF 2024
2
SON OF MAMMED, CHOLATHAYIL HOUSE,
NEDIYIRUPPU.P..O., MALAPPURAM, PIN - 673638
11 V.P. MOHAMMED ASHRAF
AGED 72 YEARS
SON OF V.P.MAYINKUTTY, DAYA HOSPITAL,
PATHAPPIRIYAM P.O., EDAVANNA, MALAPPURAM
DISTRICT, PIN - 676123
12 AHAMMED NIZAR V.P
AGED 48 YEARS
SON OF ABDUL SALAM V.P., VALIYAPEEDIKAKKAL HOUSE,
PATHAPIRIYAM, MALAPPURAM DISTRICT, PIN - 676123
13 SAMEER NEDUNKANDAN
AGED 45 YEARS
SON OF MOIDEEN HAJI, KALLIVALAPPIL HOUSE,
KARAKUNNU P.O., MALAPPURAM DISTRICT, PIN - 676123
14 FILSI K
AGED 40 YEARS
WIFE OF SAMEER N.K., KALLIVALAPPIL HOUSE,
KARAKUNNU P.O., MALAPPURAM DISTRICT, PIN - 676123
15 A.P. UMMER
AGED 61 YEARS
SON OF KUNJAPPATHY HAJI, PALLIYALIL HOUSE,
MELMURI P.O., MALAPPURAM DISTRICT, PIN - 676517
16 K.V. ILYAS BABU
AGED 51 YEARS
SON OF K.V. ABDUL AZEEZ, ROSE VILLA,
KANAKKAYAM.P.O., MALAPPURAM DISTRICT, PIN -
676509
17 ASHIK.K.V
AGED 43 YEARS
SON OF K.V. ABDUL AZEEZ, KOORIMANNIL VAIYAMANNIL,
ANAKKAYAM, MANJERI, MALAPPURAM, PIN - 676509
BY ADVS.
AUGUSTINE JOSEPH
SAJI KURIACHAN
GEORGE RENOY
ARJUN REMANAN
RESPONDENTS:
1 DISTRICT COLLECTOR & CHAIRMAN SCREENING
COMMITTEE,
WP(C) NO. 15824 OF 2024
3
CONSTITUTED AS DIRECTED BY THE
ELECTION ,COMMISSION OF INDIA, CIVIL STATION
P.O,MALAPPURAM, PIN - 676505
2 THE DISTRICT POLICE CHIEF
CIVIL STATION P.O, MALAPPURAM, PIN - 676505
3 THE STATION HOUSE OFFICER
KONDOTTY POLICE STATION, KONDOTTY.P.O,
MALAPPURAM, PIN - 673638
4 THE STATION HOUSE OFFICER
POOKOTTUPADAM POLICE STATION, POOKOTTUPADAM.P.O,
MALAPPURAM, PIN - 679332
5 THE STATION HOUSE OFFICER
EDAKKARA POLICE STATION,EDAKKARA.P.O, MALAPPURAM,
PIN - 679331
6 THE STATION HOUSE OFFICER
NILAMBUR POLICE STATION, NILAMBUR.P.O,
MALAPPURAM, PIN - 679329
7 THE STATION HOUSE OFFICER
MELATTUR POLICE STATION, MELATTUR.P.O,
MALAPPURAM, PIN - 679326
8 THE STATION HOUSE OFFICER
KALIKAVU POLICE STATION, KALIKAVU.P.O,
MALAPPURAM, PIN - 676525
9 THE STATION HOUSE OFFICER
THIROORANGADI POLICE STATION, THIROORANGADI.P.O,
MALAPPURAM, PIN - 676306
10 THE STATION HOUSE OFFICER
TIRUR POLICE STATION, TIRUR.P.O, MALAPPURAM, PIN
- 676101
11 THE STATION HOUSE OFFICER
EDAVANNA POLICE STATION, EDAVANNA.P.O,
MALAPPURAM, PIN - 676541
12 THE STATION HOUSE OFFICER
MALAPPURM POLICE STATION, MALAPPURAM.P.O,
MALAPPURAM, PIN - 676519
13 THE STATION HOUSE OFFICER
MANJERI POLICE STATION, MANJERI.P.O, MALAPPURAM,
PIN - 676509
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
WP(C) NO. 15824 OF 2024
4
ADMISSION ON 19.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 15824 OF 2024
5
JUDGMENT
The petitioners are aggrieved by the orders passed by the
Screening Committee constituted for surrender of Arms in
respect of which licenses are issued under the Arms Act, 1959.
2. The petitioners hold Arms on the basis of the licence
issued under the Arms Act. In view of the intending Lok Sabha
Election, 2024, the Station House Officers directed the
petitioners to surrender their Arms in order to ensure peaceful,
free and fair elections.
3. The petitioners are aggrieved by the directions. The
petitioners submit that they have obtained Arms Licence for
protection of their own person and property. The licences were
granted to the petitioners after making due enquiries and
finding that the petitioners require Arms Licence for protection
of their lives/property. The respondents are compelling the
petitioners to surrender the Arms as Elections are notified.
3. The petitioners have filed W.P.(C) Nos. 12919, 12824
and 13374 of 2024 before this Court seeking exemption from
the orders of the Government and Election Commission.
WP(C) NO. 15824 OF 2024
Thereafter, this Court disposed of these writ petitions directing
the petitioners to approach the Screening Committee seeking
exemption from surrendering of arms. Though the petitioners
have submitted applications before the first respondent as per
the stipulations in the said judgments, the first respondent
rejected the applications dated 09.04.2024, on the ground that
the petitioners approached the High Court and further directed
to deposit all licensed arms of persons.
4. The learned Cousnel for the petitioners submit that
this Hon'ble Court in W.P.(C) No.13673 of 2024 has set aside
the orders of the Screening Committee to deposit the arms and
further directed to re-consider the matter in the light of the
Arms Act and Rules. In such circumstances, I am of the view
that the Screening Committee shall re-consider/review the case
of the petitioners, if the petitioners file application for
exemption from surrendering arms within five days from today.
Accordingly, the writ petition is disposed of, as follows;
a) The petitioners are directed to file an application for
exemption from surrendering arms within a period of five days
from today.
WP(C) NO. 15824 OF 2024
b) The Screening Committee is directed to reconsider the
matter and pass appropriate orders in the light of of the Arms
Act and Rules, notification and guidelines issued by the Election
Commission of India and after obtaining necessary inputs from
the police authorities as is found necessary on or before
25.04.2024.
c) Till a decision is taken afresh, status quo as regards
possession of Arms by the petitioners shall be maintained.
The petitioners shall produce certified copy of the
judgment along with copy of the writ petition before the
competent authority for compliance.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
WP(C) NO. 15824 OF 2024
APPENDIX OF WP(C) 15824/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE CIRCULAR NO.
464/INST/2009/EPS DATED 1.9.2009 FROM
THE ELECTION COMMISSION.
Exhibit-P2 TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.12919/2024 DATED 1.4.2024.
Exhibit-P3 TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.13374/2024 DATED 2.4.2024.
Exhibit-P4 TRUE COPY OF THE PROCEEDINGS
NO.365562/2024 OF THE 1ST RESPONDENT
DATED 9.4.2024
