Tomy George vs State Of Kerala
2024 Latest Caselaw 9451 Ker

Kerala High Court

Tomy George vs State Of Kerala on 4 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                 WP(C) NO. 13772 OF 2024
PETITIONERS:

    1    TOMY GEORGE
         AGED 52 YEARS
         S/O.M.C. VARKEY, MATTATHIL HOUSE, KOLAKKAD P.O.,
         PERAVOOR (VIA), KANNUR, PIN - 670673
    2    JAISON.P.
         AGED 57 YEARS
         S/O. JOHN.P., PERUMBANANI, KELAKAM.P.O.,
         KANNUR, PIN - 670674
    3    CHACKO.P.V.
         AGED 69 YEARS
         S/O. VARKEY.P.J., PANTHAPLACKAL HOUSE,
         ONDANTHODE MANATHANA P.O., KANNUR, PIN - 670674
    4    JIMMY JOSEPH
         AGED 48 YEARS
         S/O. JOSEPH V.D., VADAKKE MULANJANAL HOUSE,
         MERMURINGODI POST, MANATHANA, KANNUR,
         PIN - 670673
    5    T.D.JOSE
         AGED 66 YEARS
         S/O.DEVASIA, THARAPEL HOUSE, ANGADIKADAVU.P.O.,
         KANNUR, PIN - 670706
    6    SHINTO.C.V.
         AGED 40 YEARS
         S/O. VARKEY, CHITTETTU MATTARA VAYATHUR,
         KALANKI, KANNUR, PIN - 670705
    7    SHYJAN.K.A.
         AGED 46 YEARS
         S/O. AUGUSTHY.K.M., KOCHUPUTHANPURAKKAL,
         KANNUR, PIN - 670703
    8    DINESAN KARUVARAKKAL
         AGED 45 YEARS
         S/O. KUNHIKANNAN.P., HRIDYAM PERIYACHOOR.P.O.
         PORORA, MATTANUR, PIN - 670702
 WP(C) No.13772 of 2024
                           2




    9    PRASANTH.M.
         AGED 47 YEARS
         S/O. K.KUNHAMBU, VAZHAYIL HOUSE,
         CHAVASSERY POST, KANNUR, PIN - 670702
   10    GOPINATHAN.K.
         S/O. NARAYANAN.K.G., KODANATTU HOUSE,
         POOVAMPADIYOOR, POIRITTY VIA,
         KANNUR, PIN - 670703
   11    C.V.CHANDRAN
         AGED 64 YEARS
         S/O. P.K. GOPALAN NAMBIAR, OTHAYOTH HOUSE,
         ELANOOR, P.R. NAGAR.P.O., MATTANNUR, KANNUR,
         PIN - 670702
   12    THANKACHAN EDASSERIL MATHEW
         AGED 60 YEARS
         EDASSERIL ANAPANTHY, PANAKKARA AYYANKUNNU,
         ANGADIKKADAVU POST, KANNUR, PIN - 670706
   13    K.J. THOMAS
         AGED 71 YEARS
         S/O. JOSEPH, KADLKKAPPALLIL HOUSE,
         KOOMANTHODE PAYAM, IRITTY, KANNUR, PIN - 670704
   14    JAMES
         AGED 66 YEARS
         S/O. PAULOSE, KANJIRATHINKAL HOUSE, VAYATHUR
         ULIKKAL POST, IRITTY, KANNUR, PIN - 670705
   15    MATHACHAN.K.U.
         AGED 59 YEARS
         S/O. ULAHANNAN, KULANGARATH HOUSE,
         PURAVAYAL POST, VAYATHUR, ULIKKAL,
         KANNUR, PIN - 670705
   16    SEBASTIAN.A.D.
         AGED 65 YEARS
         S/O. DEVASIA, ATHRASSERIYIL, NELLIKKAMPOYIL,
         ULIKKAL POST, KANNUR, PIN - 670805
   17    PALLATH BALAKRISHNAN
         AGED 69 YEARS
         S/O. KELAN, PALLATH HOUSE, PARIKKALAM P.O.,
         ULIKKAL (VIA), KANNUR, PIN - 670705
   18    P.S. JOSEPH
         AGED 67 YEARS
         S/O. SCARIA, POOTHOTTAL HOUSE,
         KOOMANTHODE.P.O., KANNUR, PIN - 670704
 WP(C) No.13772 of 2024
                           3




   19    JOSE GEORGE
         AGED 44 YEARS
         S/O. VARGHESE, MUNTHIRINGATTU AYAMUKK POST,
         PAYAM, IRITTY, KANNUR, PIN - 670704
   20    POYILAN AASHM
         AGED 61 YEARS
         NAFEESA MANZIL, KOLARI AMSOM, KALLUR DESOM,
         MATTANNUR.P.O., KANNUR, PIN - 670702
   21    JOY POULOSE
         AGED 65 YEARS
         S/O. POULOSE, PADINJHAREKOCHUVEETTIL HOUSE,
         VELLARVALLY POST, KANNUR, PIN - 670673
   22    KADER.P.
         AGED 58 YEARS
         ALAKKARIYIL HOUSE, KEECHERY, P.O.MATTANNUR,
         KANNUR, PIN - 670702
   23    P.J. MATHEW
         AGED 65 YEARS
         S/O. JOB, PAMPLANIYAL HOUSE, MANATHANA.P.O.,
         ODANTHODE, KANNUR, PIN - 670674
   24    PHILIP JOSEPH
         AGED 38 YEARS
         S/O. JOSEPH.A.T., EDATHAZHA HOUSE,
         MANATHANA POST, PERAVOOR, PIN - 670674

         BY ADVS.
         SAJI KURIACHAN
         M.R.NANDAKUMAR
         JAYAPRAKASH NARAYANAN
         ARJUN ANIL


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE CHIEF SECRETARY SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695036
    2    THE DISTRICT COLLECTOR
         COLLECTORATE RD, THAVAKKARA,
         KANNUR, PIN - 670002
    3    THE SUPERINTENDENT OF POLICE
         KANNUR.P.O., KANNUR, PIN - 670002
 WP(C) No.13772 of 2024
                           4




    4    THE STATION HOUSE OFFICER
         KELAKAM POLICE STATION KELAKAM.P.O.,
         KANNUR, PIN - 670674
    5    THE STATION HOUSE OFFICER
         PERAVOOR POLICE STATION PERAVOOR.P.O.,
         KANNUR, PIN - 670673
    6    THE STATION HOUSE OFFICER
         KARIKOTTAKARI POLICE STATION KARIKKOTTAKARI
         P.O., KANNUR, PIN - 670704
    7    THE STATION HOUSE OFFICER
         ULIKAL POLICE STATION ULIKAL.P.O.,
         KANNUR, PIN - 670705
    8    THE STATION HOUSE OFFICER
         IRITTY POLICE STATION IRITTY.P.O.,
         KANNUR, PIN - 670703
    9    THE STATION HOUSE OFFICER
         MATTANNUR POLICE STATION MATTANNUR P.O.,
         KANNUR, PIN - 670702
   10    THE STATION HOUSE OFFICER
         IRIKKUR POLICE STATION IRIKKUR.P.O.,
         KANNUR, PIN - 670593
   11    THE STATION HOUSE OFFICER
         ARALAM POLICE STATION ARALAM.P.O.,
         KANNUR, PIN - 670704
   12    THE CHIEF ELECTION COMMISSIONER OF INDIA
         NIRVACHAN SADAN, NEW DELHI, PIN - 110001

         BY ADV DEEPU LAL MOHAN, R12
         SRI.SREEJITH V.S., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13772 of 2024
                                5




                         JUDGMENT

Dated this the 4th day of April, 2024

The writ petition is filed by the petitioners aggrieved by

the direction issued to deposit the licensed arms held by the

petitioners prior to the impending Lok Sabha Elections, 2024

without any specific reasons.

2. The petitioners submit that the licences are issued

for their safety and protection. Once deposited, the same

could be reclaimed only after the declaration of the election

results which would come only after a span of at least two

months. Such deposit would destroy the very purpose of

issuance of the valid arms licence.

3. As per Ext.P1 Circular, the Election Commission of

India has issued guidelines to be complied with, prior to

directing a valid arms licence holder to deposit his arms

during the period of elections. However, in the case of the

petitioners, no procedures laid down thereunder have been

followed while directing them to surrender their arms.

4. This Court has categorically held in Joseph K. A. v.

District Collector, Kottayam and others [2019 (1) KLT 1034]

that in the context of depositing of weapons during the period

of election, orders can be passed for such depositing only

after complying with the clauses in Ext.P1 Circular.

5. The petitioners apprehend that depositing their

validly held arms during such a long period will prevent them

from protecting their life in the event they encounters any

mishaps. The direction of the respondents to the petitioners to

deposit their arms during the period of election dehors any

legally tenable reason and dehors any finding to that effect by

the Screening Committee, is untenable and is liable to be

interfered with by this Court, contended the petitioners.

6. Standing Counsel representing the 12 th respondent

-Chief Election Commissioner of India filed a statement and

submitted that a Screening Committee has been constituted

and the Screening Committee will be considering the issues in

detail. However, if any licensee wants the arms to be retained

during the election period, such licensees are entitled to seek

exemption from the orders of the Government and Election

Commission.

7. Taking into consideration the facts of the case, I am

of the view that detailed consideration of the legal issues

projected by the counsel for the petitioners would require

completion of pleadings by the parties, which may render the

writ petition infructuous due to time constraints. For the time

being, it will be sufficient that the petitioners submit an

application for exemption before the Screening Committee.

The writ petition is accordingly disposed of permitting the

petitioners to approach the Screening Committee seeking

exemption from surrendering of arms. If the petitioners submit

an application within two days from the date of receipt of copy

of this judgment, the Screening Committee shall pass

appropriate orders. If the petitioners file application for

exemption within two days and produces a copy of this

judgment and a copy of exemption application before

respondents 4 to 11, respondents 4 to 11 shall not insist for

surrender of arms till the Screening Committee takes a

decision in the matter.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 13772/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CIRCULAR DATED 01.09.2009 FROM THE ELECTION COMMISSION Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 16/03/2021 IN W.P.(C) NO. 6394/2021 Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 10-01- 2011 IN W.P.(C) NO. 9933, 10598 OF

RESPONDENT ANNEXURES

ANNEXURE R12(A) THE PHOTOCOPY OF LETTER NO.464/INST/2022/EPS DATED 26-04-2022 ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE CHIEF ELECTORAL OFFICERS OF STATES AND UNION TERRITORIES ANNEXURE R12(B) THE PHOTOCOPY OF PROCEEDING NO.

DCKNR/4406/2024-D1 DATED 18-03-2024 OF THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, KANNUR ANNEXURE R12(C) THE PHOTOCOPY OF JUDGMENT DATED 20-03- 2024 IN WP(C)NO.11254/2024 OF THIS HON'BLE COURT