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Kerala High Court
Varghese Chacko vs State Of Kerala on 6 April, 2026
2026:KER:30317
W.P.(C). No.10945 of 2026
:1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 6TH DAY OF APRIL 2026 / 16TH CHAITHRA, 1948
WP(C) NO. 10945 OF 2026
PETITIONERS:
1 VARGHESE CHACKO,
AGED 71 YEARS
S/O. CHACKO, VETTATHUKUNNEL HOUSE, AREEKAMALA P.O.,
NADUVIL VIA, KANNUR DISTRICT, PIN - 670582
2 THOMAS K.J.,
AGED 66 YEARS
S/O. JOSEPH, KADOOKUNNEL HOUSE, CHEMBERI P.O.,
KANNUR, PIN - 670632
3 GEORGE JOHN,
AGED 64 YEARS
S/O. JOHN, KUZHIPPALLIL HOUSE, PAISAKKARI,
PAYYAVOOR, KANNUR, PIN - 670633
4 SINO ABRAHAM,
AGED 50 YEARS
S/O. ABRAHAM, PALATHADATHIL HOUSE, VEMBUVA,
ERUVESI, PAYYAVUR, KANNUR DISTRICT, PIN - 670633
5 BIJUMON JOSEPH,
AGED 50 YEARS
S/O. JOSEPH, MANDAPATHIL HOUSE, KUDIYANMALA, KANNUR
DISTRICT, PIN - 670582
6 BINISH ABRAHAM,
AGED 45 YEARS
S/O. ABRAHAM C.K., CHAKIRIPADATH ETTUPARA,
NELLIKUTTI P.O., KANNUR, PIN - 670632
BY ADV SRI.THOMSTINE K.AUGUSTINE
2026:KER:30317
W.P.(C). No.10945 of 2026
:2:
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE ELECTION COMMISSION OF INDIA,
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI,
REPRESENTED BY ITS CHIEF ELECTION COMMISSIONER.,
PIN - 110001
3 THE CHIEF ELECTORAL OFFICER,
VIKAS BHAVAN, LEGISLATIVE COMPLEX,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DISTRICT COLLECTOR,
KANNUR, CIVIL STATION, KANNUR P.O., KANNUR
DISTRICT,, PIN - 670001
5 THE SUB COLLECTOR (ADM),
COLLECTORATE, CIVIL STATION, KANNUR, PIN - 670002
6 THE SUPERINTENDENT OF POLICE (RURAL),
OFFICE OF THE SUPERINTENDENT OF POLICE, TALAP,
KANNUR DISTRICT, PIN - 670002
7 THE SATION HOUSE OFFICER,
KUDIYANMALA POLICE STATION, KUDIYANMALA P.O.,
KANNUR DISTRICT, PIN - 670582
8 THE SATION HOUSE OFFICER,
PAYYAVOOR POLICE STATION, PAYYAVUR P.O., KANNUR,
PIN - 670633
OTHER PRESENT:
SENIOR GP DEEPA NARAYANAN
SC - SRI. M.AJAY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:30317
W.P.(C). No.10945 of 2026
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VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
W.P.(C) No.10945 of 2026
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 6th day of April, 2026
JUDGMENT
The petitioners have approached this Court seeking a
direction to respondents 7 and 8 to return the deposited licensed
weapon belonging to the petitioners respectively, which were
deposited vide Exts.P7 to P12 receipts, within a time limit to be
fixed by this Court. The petitioners submit that the direction to
surrender the licensed arms was without following the procedure
as provided in Ext.P14 Circular issued by the Election Commission
of India.
2. Heard the learned Government Pleader as well as the
learned Counsel appearing for respondents 2 and 3.
As per Ext.P14, specific guidelines have been provided for
deposit of the licensed arms. This Court in Kunhikannan N.P. v.
State of Kerala [2026 KHC OnLine 1733] has considered a
similar issue and taking into consideration Ext.P14 guidelines
which required deliberation by the competent Authority on an
individual basis, a review and an assessment, before passing an
2026:KER:30317
order calling upon the licence holders to surrender their arms,
directed release of the said fire arms to the petitioners therein,
since the procedure under Ext.P14 has not been complied with.
Taking into consideration the above facts and circumstances,
I am inclined to dispose of the writ petition with a direction to
respondents 7 and 8 to return the fire arms to the petitioners, after
10th April, 2026.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
2026:KER:30317
APPENDIX OF WP(C) NO. 10945 OF 2026
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE ARMS LICENSE NO.
1173/TPBA ISSUED ON 29.01.2020 BY THE 5TH
RESPONDENT ADDITIONAL DISTRICT
MAGISTRATE, KANNUR TO THE 1ST PETITIONER
Exhibit-P2 TRUE COPY OF THE ARMS LICENSE NO.
1662/TPBA ISSUED ON 18.06.1996 BY THE
ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO
THE 2ND PETITIONER
Exhibit-P3 TRUE COPY OF THE ARMS LICENSE NO.
1538/TPBA ISSUED ON 23.12.2005 BY THE
ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO
THE 3RD PETITIONER
Exhibit-P4 TRUE COPY OF THE ARMS LICENSE NO.
1664/TPBA ISSUED ON 16.07.2022 BY THE
ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO
THE 4TH PETITIONER
Exhibit-P5 TRUE COPY OF THE ARMS LICENSE NO.
1726/TPBA ISSUED 06.01.2025 BY THE
ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO
THE 5TH PETITIONER
Exhibit-P6 TRUE COPY OF THE ARMS LICENSE NO.
1780/TPBA ISSUED ON 17.12.2025 BY THE
ADDITIONAL DISTRICT MAGISTRATE, KANNUR TO
THE 5TH PETITIONER
Exhibit-P7 TRUE COPY RECEIPT DATED 5.3.2026 ISSUED
BY THE 7TH RESPONDENT TO THE 1ST
PETITIONER
Exhibit-P8 TRUE COPY RECEIPT DATED 6.3.2026 ISSUED
BY THE 7TH RESPONDENT TO THE 2ND
PETITIONER
Exhibit-P9 TRUE COPY RECEIPT DATED 2.3.2026 ISSUED
BY THE 7TH RESPONDENT TO THE 3RD
PETITIONER
Exhibit-P10 TRUE COPY RECEIPT DATED 5.3.2026 ISSUED
BY THE 7TH RESPONDENT TO THE 4TH
PETITIONER
Exhibit-P11 TRUE COPY RECEIPT DATED 5.3.2026 ISSUED
BY THE 7TH RESPONDENT TO THE 5TH
PETITIONER
2026:KER:30317
Exhibit-P12 TRUE COPY RECEIPT DATED 2.3.2026 ISSUED
BY THE 8TH RESPONDENT TO THE 6TH
PETITIONER
Exhibit-P13 TRUE COPY OF THE ORDER NO.
SCI/4548988/2025 DATED 17/9/2025 ISSUED
BY THE PRESIDENT OF THE ERUVESI GRAMA
PANCHAYATH
Exhibit-P14 TRUE COPY OF THE CIRCULAR
NO.464/INST/2009/EPS DATED 1.9.2009
ISSUED BY THE ELECTION COMMISSION
Exhibit-P15 TRUE COPY OF THE JUDGMENT DATED 29/3/2021
IN WP(C) NO.8228/2021 OF THIS HON'BLE
COURT
Exhibit-P16 TRUE COPY OF THE REPORT APPEARED IN
MATHRUBHOOMI MALAYALAM DAILY DATED
12/3/2026
