Kerala High Court

The Kasaragod District Gun Licensees ... vs State Of Kerala on 4 June, 2025

WP(C) NO. 12890 OF 2024

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          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

 WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947

                   WP(C) NO. 12890 OF 2024

PETITIONER:

          THE KASARAGOD DISTRICT GUN LICENSEES ASSOCIATION,
          REGISTRATION NO.445/2011, HAVING ITS OFFICE AT
          VIDYANAGAR, KASARAGOD DISTRICT,
    1
          REPRESENTED BY ITS PRESIDENT
          M.PRADEEP RAO, PIN - 671123

          M.PRADEEP RAO,
          AGED 44 YEARS
          S/O.KRISHNA RAO, RESIDING AT MEPODU HOUSE,
    2     BADOOR VILLAGE, DHARMATHDKA POST,
          MANJESHWAR TALUK,
          KASARAGOD DISTRICT, PIN - 671324


          BY ADVS.
          SRI.T.MADHU
          SMT.C.R.SARADAMANI
          SHRI.RENJISH S. MENON
          SMT.VRINDA T.S.
          SMT.AISWARYA JAYAPAL
RESPONDENTS:

          STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
    1     REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
 WP(C) NO. 12890 OF 2024

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                             2


          THE STATE POLICE CHIEF,
    2     THIRUVANANTHAPURAM, PIN - 695001

          THE INSPECTOR GENERAL OF POLICE,
          NORTHERN RANGE,
    3
          KANNUR, PIN - 670002

          THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE,
          KASARAGOD, CIVIL STATION,
    4     VIDYANAGAR P.O.,
          KASARAGOD DISTRICT, PIN - 671123

          THE DISTRICT POLICE CHIEF,
    5     KASARAGOD, PIN - 671123

          THE STATION HOUSE OFFICER,
          AMBALATHARA POLICE STATION,
    6
          KASARAGOD DISTRICT, PIN - 671531

          THE STATION HOUSE OFFICER,
          BADIADKA POLICE STATION,
    7
          KASARAGOD DISTRICT, PIN - 671551

          THE STATION HOUSE OFFICER,
          ADHUR POLICE STATION,
    8
          KASARAGOD DISTRICT, PIN - 671543

          THE STATION HOUSE OFFICER,
          BEDAKAM POLICE STATION,
    9
          KASARAGOD DISTRICT, PIN - 671541

          THE STATION HOUSE OFFICER,
          RAJAPURAM POLICE STATION,
    10
          KASARAGOD DISTRICT, PIN - 671532

          THE STATION HOUSE OFFICER,
    11
          MANJESHWAR POLICE STATION,
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          KASARAGOD DISTRICT, PIN - 671323

          THE STATION HOUSE OFFICER,
          KUMBLA POLICE STATION,
    12
          KASARAGOD DISTRICT, PIN - 671321

          THE STATION HOUSE OFFICER,
          VELLARIKUNDU POLICE STATION,
    13
          KASARAGOD DISTRICT, PIN - 671533

          THE STATION HOUSE OFFICER,
          NEELESHWARAM POLICE STATION,
    14
          KASARAGOD DISTRICT, PIN - 671314

          THE STATION HOUSE OFFICER,
          HOSDURG POLICE STATION,
    15
          KASARAGOD DISTRICT, PIN - 671315

          THE STATION HOUSE OFFICER,
          CHEEMENI POLICE STATION,
    16
          KASARAGOD DISTRICT, PIN - 671313

          THE STATION HOUSE OFFICER,
          CHITTARIKKAL POLICE STATION,
    17
          KASARAGOD DISTRICT, PIN - 671326

          THE STATION HOUSE OFFICER,
          VIDYANAGAR POLICE STATION,
    18
          KASARAGOD DISTRICT, PIN - 671123

          ELECTION COMMISSION OF INDIA,
          NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI -
    19
          REPRESENTED BY ITS SECRETARY, PIN - 110001


          BY ADV SHRI.DEEPU LAL MOHAN, SC, ELECTION
          COMMISSION OF INDIA
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OTHER PRESENT:

          SMT. SURYA BINOY, SR. GP.
          SRI.DEEPU LAL MOHAN -SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 12890 OF 2024

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                    MOHAMMED NIAS C.P., J
                   =========================
                    W.P(C) No. 12890 of 2024
                   =========================
              Dated this the 04th day of June, 2025

                            JUDGMENT

This writ petition is filed with the following prayers:

"(i) Issue a writ of mandamus or any other appropriate writ,

direction or order directing the respondents 5 to 18 to return

the licensed arms of the members of the first petitioner

association surrendered by them at the police stations based on

the oral directions issued by the respective Station House

Officers forthwith, so as to secure the ends of justice.

(ii) Declare that the respondents 1 to 18 are not having any right

to issue oral directions to surrender the licensed arms of the

members of the first petitioner association at the police stations

or otherwise take into custody of their licensed arms without

following the procedure contemplated as per Exhibit P7 circular

issued by the respondent No.19, so as to secure the ends of WP(C) NO. 12890 OF 2024

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justice.

(iii) Such other relief's as this Hon'ble Court may deem fit and

proper in the circumstances of the case."

2. On admission of the writ petition, this Court passed an

interim order dated 27.03.2024 directing that the members of the

1st petitioner-Association and the 2nd petitioner will be at liberty to

file applications for exemption from surrender of Arms individually

before the Screening Committee. It was on account of the Lok Sabha

Election that the petitioner was directed to surrender their Arms.

The same is already over, and the 1st prayer sought by the petitioner

has become infructuous. As regards the 2nd prayer, the deposit of

licensed arms is covered by the guidelines issued by the Election

Commission of India, Ext.P7 and also the directions of this Court in

Ext.P9 judgment dated 17.02.2021 in W.P.(C) No.3682 of 2021.

3. The learned Government Pleader submits that the

Screening Committee in the instant case had met twice before WP(C) NO. 12890 OF 2024

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issuing individual notices on 06.04.2024 and 07.04.2024 directing

the individual licence holders involved in criminal cases and in

vulnerable/critical stations directing them to surrender their arms

before the Station House Officer concerned and that all actions were

in tune with Ext.P7 instructions. This is recorded.

Given the above, nothing survives for consideration in this writ

petition, and the same is closed.

Sd/-

MOHAMMED NIAS C.P

JUDGE

SMF WP(C) NO. 12890 OF 2024

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APPENDIX OF WP(C) 12890/2024

PETITIONER EXHIBITS

THE TRUE COPY OF THE REGISTRATION EXHIBIT-P1 CERTIFICATE OF THE FIRST PETITIONER SOCIETY DATED 2/11/2011 THE TRUE COPY OF THE BYLAWS OF THE FIRST EXHIBIT-P2 PETITIONER SOCIETY DATED NIL THE TRUE COPY OF THE LIST OF MEMBERS OF EXHIBIT-P3 THE FIRST PETITIONER ASSOCIATION THE TRUE COPY OF THE ORDER DATED 16/3/2024 EXHIBIT-P4 BEARING NO.DCKSGD/2579/2024(2)-D2 ISSUED BY THE DISTRICT COLLECTOR, KASARAGOD THE TRUE COPY OF THE RECEIPT DATED 20/3/2024 BEARING NO.15/2024 ISSUED BY THE EXHIBIT-P5 STATION HOUSE OFFICER, NEELESHWARAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 20/3/2024 BEARING NO.017/2024 ISSUED BY EXHIBIT-P5(A) THE STATION HOUSE OFFICER, NEELESHWARAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 18/3/2024 BEARING NO.10/2024 ISSUED BY THE EXHIBIT-P5(B) STATION HOUSE OFFICER, NEELESHWARAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 17/3/2024 BEARING NO.04/D3/ARMS/2024 EXHIBIT-P5(C) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 22/3/2024 BEARING NO.20/D3/ARMS/2024 EXHIBIT-P5(D) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED EXHIBIT-P5(E) 23/3/2024 BEARING NO.25/D3/ARMS/2024 ISSUED BY THE STATION HOUSE OFFICER, WP(C) NO. 12890 OF 2024

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RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 23/3/2024 BEARING NO.30/D3/ARMS/2024 EXHIBIT-P5(F) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 23/3/2024 BEARING NO.27/D3/ARMS/2024 EXHIBIT-P5(G) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 24/3/2024 BEARING NO.32/D3/ARMS/2024 EXHIBIT-P5(H) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 24/3/2024 BEARING NO.36/D3/ARMS/2024 EXHIBIT-P(I) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 21/3/2024 BEARING NO.16/D3/ARMS/2024 EXHIBIT-P5(J) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 24/3/2024 BEARING NO.35/D3/ARMS/2024 EXHIBIT-P5(K) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 23/3/2024 BEARING NO.24/D3/ARMS/2024 EXHIBIT-P5(L) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 24/3/2024 BEARING NO.39/D3/ARMS/2024 EXHIBIT-P5(M) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 17/3/2024 BEARING NO.05/D3/ARMS/2024 EXHIBIT-P5(N) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION WP(C) NO. 12890 OF 2024

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THE TRUE COPY OF THE RECEIPT DATED 23/3/2024 BEARING NO.28/D3/ARMS/2024 EXHIBIT-P5(O) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 22/3/2024 BEARING NO.23/D3/ARMS/2024 EXHIBIT-P5(P) ISSUED BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 23/3/2024 BEARING NO.01/2024 ISSUED BY THE EXHIBIT-P5(Q) STATION HOUSE OFFICER, BADIADKA POLICE STATION THE TRUE COPY OF THE RECEIPT DATED EXHIBIT-P5(R) 26/2/2024 ISSUED BY THE STATION HOUSE OFFICER, MANJESHWAR POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 24/3/2024 BEARING NO.23/2024 ISSUED BY THE EXHIBIT-P5(S) STATION HOUSE OFFICER, KUMBALA POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 23/3/2024 BEARING NO.13/2024 ISSUED BY THE EXHIBIT-P5(T) STATION HOUSE OFFICER, KUMBALA POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 23/3/2024 BEARING NO.16/2024 ISSUED BY THE EXHIBIT-P5(U) STATION HOUSE OFFICER, KUMBALA POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 23/3/2024 BEARING NO.12/2024 ISSUED BY THE EXHIBIT-P5(V) STATION HOUSE OFFICER, KUMBALA POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 20/3/2024 BEARING NO.05/E4/GUN EXHIBIT-P5(W) DEPOSIT/2024 ISSUED BY THE STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION THE TRUE COPY OF THE RECEIPT DATED EXHIBIT-P5(X) 20/3/2024 BEARING NO.06/E4/GUN WP(C) NO. 12890 OF 2024

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DEPOSIT/2024 ISSUED BY THE STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION THE TRUE COPY OF THE RECEIPT DATED 24/3/2024 BEARING NO.12/E4/GUN EXHIBIT-P5(Y) DEPOSIT/2024 ISSUED BY THE STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION THE TRUE COPY OF THE RECEIPT DATED EXHIBIT-P5(Z) 18/03/2024 ISSUED BY THE STATION HOUSE OFFICER, CHEEMENI POLICE STATION THE TRUE COPY OF THE RECEIPT DATED EXHIBIT-P5(AA) 20/3/2024 ISSUED BY THE STATION HOUSE OFFICER, CHITTARIKKAL POLICE STATION THE TRUE COPY OF THE JUDGMENT DATED 30/6/2009 IN CRIMINAL WRIT PETITION EXHIBIT-P6 NO.835/2009 ON THE FILES OF THE HONOURABLE BOMBAY HIGH COURT DOWNLOADED THROUGH THE INTERNET THE TRUE COPY OF THE INSTRUCTION BEARING EXHIBIT-P7 NO.464/INST/2009/EPS DATED 1/9/2009 ISSUED BY THE ELECTION COMMISSION OF INDIA THE TRUE COPY OF THE GUIDELINE EXHIBIT-P8 NO.464/INST/EPS/2023/L&O DATED 8/6/2023 ISSUED BY THE ELECTION COMMISSION OF INDIA THE TRUE COPY OF THE JUDGMENT DATED EXHIBIT-P9 17/2/2021 IN W.P (C)NO.3682/2021 ON THE FILES OF THIS HONOURABLE COURT THE TRUE COPY OF THE LIST OF MEMBERS OF EXHIBIT P10 THE FIRST PETITIONER ASSOCIATION RESPONDENT ANNEXURES :

                    THE       PHOTOCOPY        OF       LETTER
                    NO.464/INST/2022/EPS    DATED   26-04-2022
ANNEXURE R19(A)     ISSUED BY THE ELECTION COMMISSION OF INDIA

TO THE CHIEF ELECTORAL OFFICERS OF STATES AND UNION TERRITORIES ANNEXURE R19(B) THE PHOTOCOPY OF PROCEEDING WP(C) NO. 12890 OF 2024

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NO.DCKSGD/2579/2024(1)-D2 DATED 17-03- 2024 ISSUED BY THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, KASARAGOD THE PHOTOCOPY OF JUDGMENT DATED 20-03-2024 ANNEXURE R19(C) IN WP(C)NO.11254/2024 OF THIS HON'BLE COURT

// True Copy // PA To Judge