E. Pavithra Sagar vs State Of Kerala
2026 Latest Caselaw 2537 Ker

Kerala High Court

E. Pavithra Sagar vs State Of Kerala on 1 April, 2026

W.P.(C).Nos.13059 & 13201 of 2026

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           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948

                      WP(C) NO. 13059 OF 2026

PETITIONER(S):

     1      E. PAVITHRA SAGAR,
            AGED 61 YEARS,
            S/O. M. BHASKARAN NAMBIAR, BAVIKKARA HOUSE,
            MULIYAR VILLAGE AND POST,
            KASARAGOD, PIN - 671 542.

     2      G. GOVINDA BHAT,
            AGED 64 YEARS,
            S/O. KRISHNA BHAT, GIRI HOUSE, BAYAR VILLAGE &
            POST, MANJESHWAR TALUK,
            KASARAGOD, PIN - 671 348.

     3      VENKATARAJA C.H.,
            AGED 60 YEARS,
            S/O. VENKATA RAMANA BHAT C.H.,
            CHALETHADKA HOUSE, KUNDIKKANA POST,
            NEERCHAL VILLAGE, KASARAGOD,
            KERALA, PIN - 671 551.

     4      MOHANAN K.,
            AGED 59 YEARS,
            S/O. C. KUNHAMBU NAIR, KUTTIYANAM HOUSE,
            MUNNAD VILLAGE & POST, KASARAGOD DISTRICT,
            PIN - 671 541.

     5      M. SRIPATHI BHAT,
            AGED 61 YEARS,
            S/O. M. VENKATRAMANA BHAT,
            MUNGILA KANAKAJE HOUSE, PUTHIGE VILLAGE & POST,
            MANJESHWAR TALUK, KASARAGOD, PIN - 671 321.

     6      H. SHIVARAMA BHAT,
            AGED 69 YEARS,
            S/O. H. PARAMESHWARA BHAT, KARINJE HALIMANA,
            EDANAD VILLAGE, ICHILAMPADY POST,
            KASARAGOD, PIN - 671 321.
 W.P.(C).Nos.13059 & 13201 of 2026

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     7      SUBRAMANYA Y.,
            AGED 57 YEARS,
            S/O. TRIVIKRAMA BHAT, YENAKODLU HOUSE,
            BADIADKKA VILLAGE, UKKINADUKKA POST,
            KASARAGOD TALUK, KASARAGOD DISTRICT,
            PIN - 671 324.

     8      PRADEEP RAO M.,
            AGED 45 YEARS,
            S/O. KRISHNA RAO, RESIDING AT MEPODU HOUSE,
            BADUR VILLAGE, DHARMADHADKA POST, MANJESWAR
            TALUK, KASARAGOD DISTRICT, PIN - 671 324.


            BY ADVS.
            SRI.T.MADHU
            SMT.C.R.SARADAMANI
            SMT.AVANTHIKA R.
            SMT.ARUNIMA A.R.
            SHRI.T.S.DAVIS
            SMT.KARTHIKA B. VINOD




RESPONDENT(S):

     1      STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695 001.

     2      THE SCREENING COMMITTEE,
            CONSTITUTED AS PER THE GUIDELINE
            NO.464/INST/EPS/2023/L&O
            DATED 8/6/2023 ISSUED BY THE ELECTION COMMISSION
            OF INDIA FOR KASARAGOD DISTRICT, REPRESENTED BY
            ITS CONVENOR, THE DISTRICT COLLECTOR, KASARAGOD,
            CIVIL STATION, NVIDYANAGAR P.O.,
            KASARAGOD DISTRICT, PIN - 671 123.

     3      THE DISTRICT COLLECTOR,
            KASARAGOD, CIVIL STATION, VIDYANAGAR P.O.,
            KASARAGOD DISTRICT, PIN - 671 123.

     4      THE ADDITIONAL DISTRICT MAGISTRATE,
            KASARAGOD, VIDYANAGAR P.O.,
            KASARAGOD DISTRICT, PIN - 671 123.
 W.P.(C).Nos.13059 & 13201 of 2026

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     5          THE DISTRICT POLICE CHIEF,
                PARAKATTA, VIDYA NAGAR-ULIYATHADKA ROAD,
                KUDLU,KASARAGOD DISTRICT, PIN - 671 124.

     6          THE STATION HOUSE OFFICER,
                ADHUR POLICE STATION,
                KASARAGOD DISTRICT, PIN - 671 543.

     7          THE STATION HOUSE OFFICER,
                MANJESHWAR POLICE STATION,
                KASARAGOD DISTRICT, PIN - 671 323.

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

     9          THE STATION HOUSE OFFICER,
                BEDAKOM POLICE STATION,
                KASARAGOD DISTRICT, PIN - 671 541.

     0          THE STATION HOUSE OFFICER,
                KUMBLA POLICE STATION,
                KASARAGOD DISTRICT, PIN - 671 321.

    11          THE ELECTION COMMISSION OF INDIA,
                NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI,
                REPRESENTED BY ITS SECRETARY, PIN - 110 001.

    12          THE KERALA STATE ELECTION COMMISSION,
                JANAHITHAM, TC 27/6(2) VIKAS BHAVAN P.O.,
                THIRUVANANTHAPURAM, REPRESENTED BY ITS
                SECRETARY, PIN - 695 003.


                BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
                COMMISSION, KERALA


OTHER PRESENT:

                SRI.M.AJAY,SC -R11
                SR.GP-SMT.DEEPA NARAYANAN.


         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.04.2026, ALONG WITH WP(C).13201/2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).Nos.13059 & 13201 of 2026

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                                                2026:KER:29410


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948

                      WP(C) NO. 13201 OF 2026

PETITIONER(S):

     1      M.K. JINACHANDRAN,
            AGED 56 YEARS,
            S/O. LATE M.J. KRISHNAMOHAN, RESIDING AT VIJAYA
            MAHAL, KALPETTA NORTH P.O., MUTTIL SOUTH,
            WAYANAD, KERALA, PIN - 673 122.

     2      M. BALAKRISHNA KURUP,
            AGED 80 YEARS,
            S/O. P. RAMA KURUP, RESIDING AT RAM SADAN (H),
            KALPETTA NORTH, WAYANAD, PIN - 673 122.

     3      RAGHU RAJ C.K.,
            AGED 43 YEARS,
            S/O. M. BALAKRISHNA KURUP,
            RESIDING AT RAM SADAN (H), KALPETTA NORTH,
            WAYANAD, PIN - 673 122.

     4      ARUN M.D.,
            AGED 41 YEARS,
            S/O. M.N. DEVIPRASAD, RESIDING AT
            KAMALAMANDIRAM, PARIYARAM POST, MUTTIL NORTH,
            WAYANAD, PIN - 673 122.

     5      GAURAV KRISHNA,
            AGED 27 YEARS,
            S/O. M.K. JINACHANDRAN, RESIDING AT VIJAYA
            MAHAL, KALPETTA NORTH P.O., MUTTIL SOUTH,
            WAYANAD, KERALA, PIN - 673 122.

     6      GAUTHAM KRISHNA,
            AGED 28 YEARS,
            S/O. M.K. JINACHANDRAN, RESIDING AT VIJAYA
            MAHAL, KALPETTA NORTH P.O., MUTTIL SOUTH,
            WAYANAD, KERALA, PIN - 673 122.
 W.P.(C).Nos.13059 & 13201 of 2026

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     7      SAPNA JINACHANDRAN,
            AGED 56 YEARS,
            D/O. M.P. CHANDRANATH, RESIDING AT VIJAYA MAHAL,
            KALPETTA NORTH P.O., MUTTIL SOUTH, WAYANAD,
            KERALA, PIN - 673 122,

     8      NIDHIN K.J.,
            AGED 45 YEARS
            S/O. K.B. JAGADEESH, RESIDING AT VENGAMBATTA,
            KOLAGAPPARA, SULTHAN BATHERY,
            WAYANAD, PIN - 673 592.

     9      K.B. JAGADEESHAN,
            AGED 73 YEARS,
            AGED 73 YEARS, S/O. K.C. BALAN, RESIDING AT
            VENGAMBATTA, KOLAGAPPARA, SULTHAN BATHERY,
            WAYANAD, PIN - 673 592.


            BY ADVS.
            SRI.LIJI.J.VADAKEDOM
            SHRI.ATHUL V. VADAKKEDOM
            SMT.REXY ELIZABETH THOMAS
            SMT.ANCY DANIEL




RESPONDENT(S):

     1      STATE OF KERALA,
            REPRESENTED BY ITS PRINCIPAL SECRETARY,
            DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695 001.

     2      THE DISTRICT COLLECTOR,
            DISTRICT COLLECTORATE, CIVIL STATION, KALPETTA
            NORTH P.O., WAYANAD DISTRICT,
            KERALA, PIN - 673 122.

     3      THE DISTRICT POLICE CHIEF,
            DISTRICT POLICE OFFICE, EMILY SP OFFICE ROAD,
            KALPETTA, SULTHANBATHERY,
            WAYANAD, KERALA, PIN - 673 121.

     4      ADDITIONAL DISTRICT MAGISTRATE,
            COLLECTORATE, CIVIL STATION, KALPETTA P.O.,
            WAYANAD DISTRICT, KERALA, PIN - 673 121.
 W.P.(C).Nos.13059 & 13201 of 2026

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     5          THE ELECTION COMMISSION OF INDIA,
                REPRESENTED BY ITS SECRETARY, NIRVACHAN SADHAN,
                ASHOKA ROAD, NEW DELHI, PIN - 110 001.

     6          THE KERALA STATE ELECTION COMMISSION,
                REPRESENTED BY ITS SECRETARY, VIKAS BHAVAN,
                JANAHITHAM, NEAR LEGISLATIVE ASSEMBLY,
                THIRUVANANTHAPURAM, PIN - 695 033.



OTHER PRESENT:

                SR.GP-SMT.DEEPA NARAYANAN.
                SRI.DEEPU LAL MOHAN, SC, STATE ELECTION
                COMMISSION, KERALA
                SRI. M.AJAY, SC, ELECTION COMMISSION OF INDIA


         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.04.2026, ALONG WITH WP(C).13059/2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).Nos.13059 & 13201 of 2026

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                                          JUDGMENT

In both these cases, the Orders passed by the District

Collector, calling upon the petitioners to surrender their

arms, in the wake of the ensuing elections, are under

challenge. These Orders are issued apparently in terms of

Ext.P2 guidelines. The legality of similar Orders have

already been considered by this Court, as per Ext.P8

interim Order, wherein the requirements of Clause-F of

Ext.P2 guidelines was taken stock of and interpreted. For

the same set of reasons as noted in Ext.P8 Order,

the instant impugned Orders also cannot be sustained.

Ext.P6 series Orders are under challenge in W.P.

(C).No.13201/ 2026. All what is seen referred to therein

is that the screening committee has considered the cases

and found that the petitioners have not established

sufficient cause for retaining the arms. Whereas, the

requirement in terms of Ext.P2 is for a detailed and

individual review and assessment; and impounding

is to be directed only in cases, where it is found that

such act is necessary to ensure maintenance

of law and order and for conduct of free and fair

elections. In absence of such satisfaction arrived W.P.(C).Nos.13059 & 13201 of 2026

2026:KER:29410

at in the impugned Orders, the same cannot be sustained.

Impugned Orders in both these cases will therefore stand

set aside. Consequently, there will be a direction to the

S.H.Os concerned in these Writ Petitions to return the

arms to the respective petitioners within a period of one

week from today. Necessary instructions in this regard

will be issued to the S.H.Os concerned by the learned

Senior Government Pleader.

These Writ Petitions will stand allowed, as indicated

above.

Sd/-

C. JAYACHANDRAN, JUDGE ak W.P.(C).Nos.13059 & 13201 of 2026

2026:KER:29410

APPENDIX OF WP(C) NO. 13059 OF 2026

PETITIONERS EXHIBITS:-

Exhibit P1 THE TRUE COPY OF THE ARMS LICENSE BEARING NO.3462/KAS DATED 24.10.2025 ISSUED BY THE 4TH RESPONDENT VALID TILL 31.03.2030 TO THE 1ST PETITIONER.

Exhibit P1(a) THE TRUE COPY OF THE ARMS LICENSE BEARING NO.3258/KAS DATED 09.04.2024 ISSUED BY THE 4TH RESPONDENT VALID TILL 28.02.2027 TO THE 2ND PETITIONER.

Exhibit P1(b) THE TRUE COPY OF THE ARMS LICENSE BEARING NO.3844/KAS DATED 08.05.2023 ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER VALID TILL 31.10.2027.

Exhibit P1(c) THE TRUE COPY OF THE ARMS LICENSE BEARING NO.3890/KAS DATED NIL ISSUED BY THE 4TH RESPONDENT VALID TILL 30.11.2027 TO THE 4TH PETITIONER.

Exhibit P1(d) THE TRUE COPY OF THE ARMS LICENSE BEARING NO.3880/MJR DATED 07.01.2023 ISSUED BY THE 4TH RESPONDENT TO THE 5TH PETITIONER VALID TILL 31.01.2027.

Exhibit P1(e) THE TRUE COPY OF THE ARMS LICENSE BEARING NO.2715/KAS DATED 08.07.2022 ISSUED BY THE 4TH RESPONDENT TO THE 6TH PETITIONER VALID TILL 30.06.2026.

Exhibit P1(f) THE TRUE COPY OF THE ARMS LICENSE BEARING NO.3635/KAS ISSUED BY THE 4TH RESPONDENT TO THE 7TH PETITIONER VALID TILL 31.12.2026.

Exhibit P1(g) THE TRUE COPY OF THE ARMS LICENSE BEARING NO.3842/KAS ISSUED BY THE 4TH RESPONDENT TO THE 8TH PETITIONER VALID TILL 30.09.2027.

Exhibit P2 THE TRUE COPY OF THE RECEIPT DATED 03.03.2026 ISSUED TO THE 1ST PETITIONER BY THE 6TH RESPONDENT. W.P.(C).Nos.13059 & 13201 of 2026

2026:KER:29410

Exhibit P2(a) THE TRUE COPY OF THE RECEIPT DATED 02.03.2026 ISSUED TO THE 2ND PETITIONER BY THE 7TH RESPONDENT.

Exhibit P2(b) THE TRUE COPY OF THE RECEIPT DATED 02.03.2026 ISSUED TO THE 3RD PETITIONER BY THE 8TH RESPONDENT.

Exhibit P2(c) THE TRUE COPY OF THE RECEIPT DATED 19.03.2026 ISSUED TO THE 4TH PETITIONER BY THE PROTECTION ARMOURY, HORSDURG UNDER ORDERS OF THE 9TH RESPONDENT.

Exhibit P2(d) THE TRUE COPY OF THE RECEIPT DATED 27.02.2026 ISSUED TO THE 5TH PETITIONER BY THE 10TH RESPONDENT.

Exhibit P2(e) THE TRUE COPY OF THE RECEIPT DATED 28.02.2026 ISSUED TO THE 6TH PETITIONER BY THE 10TH RESPONDENT.

Exhibit P2(f) THE TRUE COPY OF THE RECEIPT DATED 19.03.2026 ISSUED TO THE 7TH PETITIONER BY THE 8TH RESPONDENT.

Exhibit P2(g) THE TRUE COPY OF THE RECEIPT DATED 19.03.2026 ISSUED TO THE 8TH PETITIONER BY THE 8TH RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE PROCEEDINGS OF THE SCREENING COMMITTEE DATED 23.03.2026.

Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED 10.07.2009 IN CRIMINAL WRIT PETITION NO.835/2009 ON THE FILES OF THE HONOURABLE BOMBAY HIGH COURT DOWNLOADED THROUGH THE INTERNET.

Exhibit P5 THE TRUE COPY OF THE INSTRUCTION BEARING NO.464/INST/2009/EPS DATED 1/9/2009 ISSUED BY THE ELECTION COMMISSION OF INDIA.

Exhibit P6 THE TRUE COPY OF THE GUIDELINE NO.464/INST/EPS/2023/L&O DATED 8/6/2023 ISSUED BY THE ELECTION W.P.(C).Nos.13059 & 13201 of 2026

2026:KER:29410

COMMISSION OF INDIA.

Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED 09.03.2021 IN W.P(C) NO.5125/2021 ON THE FILES OF THIS HONOURABLE COURT.

Exhibit P8 THE TRUE COPY OF THE JUDGMENT DATED 17/2/2021 IN W.P (C)NO.3682/2021 ON THE FILES OF THIS HONOURABLE COURT.

Exhibit P9 THE TRUE COPY OF THE JUDGMENT DATED 18.03.2026 IN CONTEMPT OF COURT CASE NO.677/2026 ON THE FILES OF THIS HONOURABLE COURT.

W.P.(C).Nos.13059 & 13201 of 2026

2026:KER:29410

APPENDIX OF WP(C) NO. 13201 OF 2026

PETITIONERS EXHIBITS:-

Exhibit P1 THE COPY OF THE INSTRUCTION -112 WHICH IS NUMBERED AS 464/INST/2009/EPS DATED 1ST SEPTEMBER, 2009 ISSUED BY THE ELECTION COMMISSION OF INDIA.

Exhibit P2 THE COPY OF THE COMMUNICATION NO.

464/INST/EPS/2023/L&O DATED 8.6.2023 ISSUED BY THE ELECTION COMMISSION OF INDIA.

Exhibit P3 A COPY OF THE DECISION IN SAJI KURIACHAN V. DISTRICT COLLECTOR, ERNAKULAM & OTHERS REPORTED IN 2011(1) KHC 214.

Exhibit P4 THE COPY OF THE IDENTITY CARDS ISSUED BY THE NATIONAL AND STATE RIFLE ASSOCIATIONS TO THE 1ST PETITIONER.

Exhibit P4(a) THE COPY OF THE IDENTITY CARD ISSUED BY THE NATIONAL AND STATE RIFLE ASSOCIATIONS TO THE 2ND PETITIONER.

Exhibit P4(b) THE COPY OF THE IDENTITY CARD ISSUED BY THE NATIONAL AND STATE RIFLE ASSOCIATIONS TO THE 3RD PETITIONER.

Exhibit P4(c) THE COPY OF THE IDENTITY CARD ISSUED BY THE NATIONAL AND STATE RIFLE ASSOCIATIONS TO THE 4TH PETITIONER.

Exhibit P4(d) THE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED BY THE WAYANAD DISTRICT RIFLE ASSOCIATION TO THE 5TH PETITIONER.

Exhibit P4(e) THE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED BY THE WAYANAD DISTRICT RIFLE ASSOCIATION TO THE 6TH PETITIONER.

Exhibit P4(f) THE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED BY THE WAYANAD W.P.(C).Nos.13059 & 13201 of 2026

2026:KER:29410

DISTRICT RIFLE ASSOCIATION TO THE 7TH PETITIONER.

Exhibit P4(g) THE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED BY THE WAYANAD DISTRICT RIFLE ASSOCIATION TO THE 8TH PETITIONER.

Exhibit P5 THE COPY OF THE APPLICATION DATED 2.03.2026 SUBMITTED BY PETITIONER NO.1 BEFORE THE 2ND RESPONDENT.

Exhibit P5(a) THE COPY OF THE APPLICATION DATED 2.03.2026 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5(b) THE COPY OF THE APPLICATION DATED 2.03.2026 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5(c) THE COPY OF THE APPLICATION DATED 02.03.2026 SUBMITTED BY THE 5TH PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5(d) THE COPY OF THE APPLICATION DATED 02.03.2026 SUBMITTED BY THE 6TH PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5(e) THE COPY OF THE APPLICATION DATED 02.03.2026 SUBMITTED BY THE 7TH PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5(f) THE COPY OF THE APPLICATION DATED 02.03.2026 SUBMITTED BY THE 8TH PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5(g) THE COPY OF THE APPLICATION DATED 02.03.2026 SUBMITTED BY THE 9TH PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P6 THE TRUE COPY OF THE ORDER NO.

DCWYD/1971/2026-M1 DATED 26.03.2026 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.1.

Exhibit P6(a) THE TRUE COPY OF THE ORDER NO.

DCWYD/1971/2026-M1 DATED 26.03.2026 ISSUED BY THE 2ND RESPONDENT TO THE W.P.(C).Nos.13059 & 13201 of 2026

2026:KER:29410

2ND PETITIONER.

Exhibit P6(b) THE TRUE COPY OF THE ORDER NO.

DCWYD/1971/2026-M1 DATED 26.03.2026 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER.

Exhibit P6(c) THE TRUE COPY OF THE ORDER NO.

DCWYD/1971/2026-M1 DATED 26.03.2026 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER.

Exhibit P6(d) THE TRUE COPY OF THE ORDER NO.

DCWYD/1971/2026-M1 DATED 26.03.2026 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER.

Exhibit P6(e) THE TRUE COPY OF THE ORDER NO.

DCWYD/1971/2026-M1 DATED 26.03.2026 ISSUED BY THE 2ND RESPONDENT TO THE 6TH PETITIONER.

Exhibit P6(f) THE TRUE COPY OF THE ORDER NO.

DCWYD/1971/2026-M1 DATED 26.03.2026 ISSUED BY THE 2ND RESPONDENT TO THE 7TH PETITIONER.

Exhibit P6(g) THE TRUE COPY OF THE ORDER NO.

DCWYD/1971/2026-M1 DATED 26.03.2026 ISSUED BY THE 2ND RESPONDENT TO THE 8TH PETITIONER.

Exhibit P6(h) THE TRUE COPY OF THE ORDER NO.

DCWYD/1971/2026-M1 DATED 26.03.2026 ISSUED BY THE 2ND RESPONDENT TO THE 9TH PETITIONER.

Exhibit P7 THE COPY OF THE JUDGMENT DATED 05.11.2025 IN WP(C) NO. 29488 OF 2025 OF THE HON'BLE KERALA HIGH COURT.

Exhibit P8 THE COPY OF THE ORDER DATED 26.03.2026 IN WP(C) NO. 11762 OF 2026 OF THE HON'BLE HIGH COURT OF KERALA.