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Kerala High Court
N.P.Kunhikannan vs State Of Kerala on 27 March, 2026
2026:KER:27351
[WP(C) Nos.10529/2026, 12394/2026]
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
WP(C) NO. 10529 OF 2026
PETITIONER:
N.P.KUNHIKANNAN,
AGED 76 YEARS
S/O. P.KUMARAN, NALUPURAPPATHIL HOUSE, KADANNAPPALLI
P.O., PILATHARA. (VIA), KANNUR DISTRICT., PIN - 670504
BY ADV SMT.P.SHEEBA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANNANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
CIVIL STATION, THAVAKKARA, KANNUR, PIN - 670002
3 DISTRICT POLICE CHIEF,
COLLECTORATE, THAVAKKARA, KANNUR, PIN - 670002
4 STATION HOUSE OFFICER,
PARIYARAM MEDICAL COLLEGE POLICE STATION, PARIYARAM,
KANNUR DT, PIN - 670503
5 THE CHIEF ELECTORAL OFFICER,
ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX, VIKAS
BHAVAN P.O., THIRUVANANTHAPURAM., PIN - 695033
BY ADV SHRI.M.AJAY, SC, ELECTION COMMISSION OF INDIA
2026:KER:27351
[WP(C) Nos.10529/2026, 12394/2026]
2
GP-SMT.VIDHYA A.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2026, ALONG WITH WP(C).12394/2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:27351
[WP(C) Nos.10529/2026, 12394/2026]
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
WP(C) NO. 12394 OF 2026
PETITIONER:
RONY JOHN,
AGED 41 YEARS
S/O. K.J. JOHN, KUZHINJALIL HOUSE, SENGULAM P.O.,
POTHUPARA, IDUKKI, PIN - 685565
BY ADVS.
SMT.ASWINI SANKAR R.S.
SRI.P.YADHU KUMAR
SMT.ASWATHY MENON
SMT.SIMMY JOSEPH
RESPONDENTS:
1 ELECTION COMMISSION OF INDIA,
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI, REPRESENTED BY
ITS SECRETARY, PIN - 110001
2 THE STATE ELECTION COMMISSION, KERALA,
CORPORATION OFFICE COMPLEX, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
3 THE DISTRICT COLLECTOR,
IDUKKI DISTRICT, PAINAVU P.O., IDUKKI, PIN - 685603
4 THE STATION HOUSE OFFICER,
VELLATHOOVAL POLICE STATION, IDUKKI, PIN - 685563
2026:KER:27351
[WP(C) Nos.10529/2026, 12394/2026]
4
BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
GP-SRI.AJITH VISWANATHAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2026, ALONG WITH WP(C).10529/2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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[WP(C) Nos.10529/2026, 12394/2026]
5
JUDGMENT
Both these petitioners approached this Court aggrieved by a
phone call received from the S.H.O. concerned, calling upon
the petitioners to surrender their arms in accord with the
guidelines issued by the Election Commission of India
(produced at Ext.P2) in W.P.(C).No.12394/2026. This Court
notice that the S.H.O. concerned (the 4 th respondent in both
the cases) cannot mandate surrender of arms through a phone
call. Ext.P2 guidelines requires deliberation by the
competent Authority on an individual basis, a review and an
assessment, whereafter an Order has to be passed calling upon
the licence holders to surrender their arms. This Court has
considered the issue recently in W.P.(C).No.11762/2026.
2. In the circumstances, it is clarified that the
petitioners are not under any obligation to surrender their
arms based on phone call by the 4th respondent. The competent
Authority in terms of Ext.P2 guidelines will pass necessary
Orders, if the petitioners are required to surrender their
arms. While passing such Orders, the impact of the judgment
2026:KER:27351
[WP(C) Nos.10529/2026, 12394/2026]
in W.P.(C).No.11762/2026 dated 26.03.2026 shall necessarily
be considered by the competent Authority and directions, if
any, for surrender shall be in strict compliance of Ext.P2
guidelines and its interpretation in the judgment above
referred.
3. The learned counsel for the respective petitioners
have pointed out that their respective arms have been
deposited because of the pressure exerted by the respective
S.H.Os. In W.P.(C).No.10529/2026, it was deposited before the
4th respondent and in W.P.(C).No.12394/2026, the same has been
deposited before a private armoury, evidenced by Ext.P5
receipt. Inasmuch as the deposit is mandated otherwise than
in accordance with law, the 4th respondent in W.P.
(C).No.10529/2026 will stand directed to return the arm to
the petitioner within a period of two days from today. The
learned Government Pleader will give necessary instructions
in this regard. Similarly, the private armoury by name
'Samson Armoury', which issued Ext.P5 receipt, will also
stand directed to return the arm to the petitioner in W.P.
(C).No.12394/2026 within two days from today. The 4th
respondent/S.H.O. in that case will stand directed to give
2026:KER:27351
[WP(C) Nos.10529/2026, 12394/2026]
necessary instruction in this regard to the said private
armoury for return of the arm, as directed above.
4. Learned Government Pleader will inform the gist of
this judgment to the 4th respondent in both the writ
petitions, today itself.
These Writ Petitions will stand allowed as indicated above.
Sd/-
C. JAYACHANDRAN
JUDGE
SAS
2026:KER:27351
[WP(C) Nos.10529/2026, 12394/2026]
APPENDIX OF WP(C) NO. 10529 OF 2026
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE CURRENT LICENSE
NO.LN18318A7A19817 DATED 18.06.2024 WHICH IS
VALID UP TO 17.6.2029 ISSUED BY THE SECOND
RESPONDENT FOR POSSESSION OF WEAPON
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 10.1.2011
IN W.P (C) NO.9933/2009 PASSED BY THIS
HON'BLE COURT
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 18.3.2011
IN W.P (C).8571/2011 PASSED BY THIS HON'BLE
COURT
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[WP(C) Nos.10529/2026, 12394/2026]
APPENDIX OF WP(C) NO. 12394 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ARMS LICENCE DATED
01.09.2023 ISSUED TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE GUIDELINES ISSUED BY THE
FIRST RESPONDENT HEREIN DATED 08.06.2023
Exhibit P3 TRUE COPY OF THE PERMISSION GRANTED TO THE
PETITIONER FROM THE VELLATHOOVAL GRAMA
PANCHAYATH DATED 31.01.2026
Exhibit P4 TRUE COPY OF THE PERMISSION GRANTED TO THE
PETITIONER FROM THE VATHUKKUDI GRAMA
PANCHAYATH DATED 17.11.2023
Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE
ARMOURY DATED 06.03.2026 EVIDENCING THE
DEPOSIT OF THE FIREARM
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 12.03.2026
SUBMITTED BY THE PETITIONER BEFORE THE SECOND
RESPONDENT
Exhibit P7 TRUE COPY OF THE ORDER DATED 17.03.2026
PASSED BY THE SCREENING COMMITTEE
