Samson George vs State Of Kerala on 31 March, 2026

                                                      2026:KER:28962
[WP(C) Nos.11592/2026, 12368/2026, 12950/2026]
                                 1
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     TUESDAY, THE 31ST DAY OF MARCH 2026 / 10TH CHAITHRA, 1948

                        WP(C) NO. 11592 OF 2026

PETITIONERS:

    1     SINEED KARUNAKARAN,
          AGED 51 YEARS
          S/O. KARUNAKARAN, EDAMANAPPATTU HOUSE, PULIYANNOOR
          P.O., PALA, KOTTAYAM, PIN - 686573

    2     THAMPY THOMAS,
          AGED 50 YEARS
          S/O. I.M. THOMAS, CHARALIL HOUSE, POONJAR P.O.,
          KOTTAYAM, PIN - 686581


          BY ADVS.
          SMT.ASWINI SANKAR R.S.
          SRI.P.YADHU KUMAR
          SMT.ASWATHY MENON
          SMT.SIMMY JOSEPH




RESPONDENTS:

    1     ELECTION COMMISSION OF INDIA,
          REPRESENTED BY SECRETARY, NIRVACHAN SADAN, ASOKA ROAD,
          NEW DELHI, PIN - 110001

    2     DISTRICT COLLECTOR,
          CHAIRMAN, SCREENING COMMITTEE, COLLECTORATE, KOTTAYAM,
          PIN - 686002

    3     DISTRICT POLICE CHIEF,
          DISTRICT POLICE OFFICE, COLLECTRATE P.O., KOTTAYAM,
          KOTTAYAM-KUMILY RD, COLLECTORATE, KOTTAYAM, PIN -
          686002
                                                      2026:KER:28962
[WP(C) Nos.11592/2026, 12368/2026, 12950/2026]
                                  2
     4     STATION HOUSE OFFICER,
           PALA POLICE STATION, PALA P.O., KOTTAYAM, PIN - 686575

    5     STATE ELECTION COMMISSION,
          KERALA, REPRESENTED BY SECRETARY, JANAHITHAM, TC-
          27/6(2), VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN -
          695033


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



          GP-SRI.AJITH VISWANATHAN, SC-SRI.M.AJAY, SC-SRI. DEEPU
          LAL MOHAN.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2026, ALONG WITH WP(C).12368/2026, 12950/2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
                                                       2026:KER:28962
[WP(C) Nos.11592/2026, 12368/2026, 12950/2026]
                                 3

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     TUESDAY, THE 31ST DAY OF MARCH 2026 / 10TH CHAITHRA, 1948

                        WP(C) NO. 12368 OF 2026

PETITIONER:

          SAMSON GEORGE,
          AGED 55 YEARS
          S/O. GEORGE, KAITHAVAYALIL HOUSE, KAPPADU P.O.,
          KANJIRAPPALLY, KOTTAYAM DISTRICT, PIN - 686508


          BY ADVS.
          SHRI.SAJI KURIACHAN
          SRI.JAYAPRAKASH NARAYANAN
          SRI.M.R.NANDAKUMAR




RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695036

    2     THE DISTRICT COLLECTOR,
          CIVIL STATION P.O., KOTTAYAM DISTRICT, PIN - 686002

    3     THE DISTRICT POLICE CHIEF,
          CIVIL STATION P.O., KOTTAYAM DISTRICT, PIN - 686002

    4     THE STATION HOUSE OFFICER,
          KANJIRAPPALLY POLICE STATION, KOTTAYAM DISTRICT, PIN -
          686507

    5     ELECTION COMMISSION OF INDIA,
          REPRESENTED BY SECRETARY, NEW DELHI, PIN - 110001
                                                      2026:KER:28962
[WP(C) Nos.11592/2026, 12368/2026, 12950/2026]
                                 4



          GP-SRI.AJITH VISWANATHAN, SC-SRI.M AJAY.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2026, ALONG WITH WP(C).11592/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                       2026:KER:28962
[WP(C) Nos.11592/2026, 12368/2026, 12950/2026]
                                 5

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     TUESDAY, THE 31ST DAY OF MARCH 2026 / 10TH CHAITHRA, 1948

                        WP(C) NO. 12950 OF 2026

PETITIONER:

          MANU K.M.,
          AGED 43 YEARS
          S/O. MANMADHAN, KOTHARATHU (H), IRUMPOOZHIKKARA,
          UDAYANAPURAM P.O., VAIKOM, KOTTAYAM, PIN - 686143


          BY ADV SHRI.S.RAJMOHAN


RESPONDENTS:

    1     THE ELECTION COMMISSION OF INDIA,
          REPRESENTED BY SECRETARY, NIRVACHAN SADAN, ASOKA ROAD,
          NEW DELHI, PIN - 110001

    2     THE DISTRICT COLLECTOR, KOTTAYAM
          COLLECTORATE P.O., KOTTAYAM, PIN - 686002

    3     THE STATION HOUSE OFFICER,
          VAIKOM POLICE STATION, GATE RD, VAIKOM, KOTHANALLOOR,
          KOTTAYAM, VAIKOM, KERALA, PIN - 686141

    4     THE KERALA STATE ELECTION COMMISSION,
          REPRESENTED BY SECRETARY, JANAHITHAM, TC-27/6(2), VIKAS
          BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033


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



          GP-SRI.AJITH VISWANATHAN, SC-SRI.M.AJAY
                                                   2026:KER:28962
[WP(C) Nos.11592/2026, 12368/2026, 12950/2026]
                                 6
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2026, ALONG WITH WP(C).11592/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                 2026:KER:28962
[WP(C) Nos.11592/2026, 12368/2026, 12950/2026]
                                 7
                                 JUDGMENT

In all these Writ Petitions, the common issue which arises

for consideration is an Order passed by the District

Collector and the District Magistrate, which directed the

petitioners to surrender their arms, in the context of the

ensuing elections. In the third Writ Petition above referred,

the direction is oral in nature, said to have been given by

the S.H.O. concerned. In all these cases, what has been

considered is a guidelines issued by the Election Commission

of India and the action is purportedly pursuant to the same.

These issues have been considered in detail by this Court in

several Writ Petitions, including W.P.(C).No.11762/2026 and

W.P.(C).No 11913/2026. For various reasons, the Orders

impugned in those Writ Petitions were set aside.

2. Having heard the learned counsel appearing for the

respective parties, this Court is of the opinion that the

instant Orders are also liable to be dealt with in the same

manner.

3. In the circumstances, the impugned Orders in

W.P.(C).No.12368/2026 and 11592/2026 will stand set aside. In

W.P.(C).No.12950/2026, it is declared that the petitioner is 2026:KER:28962 [WP(C) Nos.11592/2026, 12368/2026, 12950/2026]

not under any obligation to surrender the arms based on the

alleged oral instructions given by the S.H.O. concerned. This

Court, however, clarifies that this common judgment would not

preclude the competent among the respondents in issuing a

proper Order, strictly in accordance with the guidelines and

in compliance of the directions and observations contained in

the Order in W.P.(C).Nos.11762 & 11913/2026.

These Writ Petitions are disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE SAS 2026:KER:28962 [WP(C) Nos.11592/2026, 12368/2026, 12950/2026]

APPENDIX OF WP(C) NO. 11592 OF 2026

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ARMS LICENCE OF THE 1ST PETITIONER DATED 31.09.2024 WITH UNIQUE ID NO. 183240021621212015 Exhibit P2 TRUE COPY OF THE ARMS LICENCE OF THE 2ND PETITIONER DATED 12.10.2023 WITH UNIQUE IDENTITY NUMBER 183240024400012015 Exhibit P3 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 1ST PETITIONER BY THE DISTRICT RIFLE ASSOCIATION, KOTTAYAM DATED NIL Exhibit P4 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 2ND PETITIONER DATED NIL BY THE DISTRICT RIFLE ASSOCIATION; KOTTAYAM Exhibit P5 TRUE COPIES OF THE DEPOSIT RECEIPTS ISSUED TO THE 1ST PETITIONER DATED 5.3.2026 FROM MUTHANATTU BROTHERS, ARMS AND AMMUNITION DELAERES IN KOTTAYAM DISTRICT Exhibit P6 TRUE COPY OF THE DEPOSIT RECEIPT ISSUED TO THE 2ND PETITIONER BY THE ROK AND BARRELS, ARMS & AMMUNITION DEALERS DATED 19.3.2026, KOTTAYAM DISTRICT Exhibit P7 TRUE COPY OF THE APPLICATION DATED 27.02.2026 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE RECEIPT ISSUED TO THE 1ST PETITIONER FROM THE OFFICE OF THE 2ND RESPONDENT FOR THE EXEMPTION APPLICATION SUBMITTED BY THE 1ST PETITIONER Exhibit P9 TRUE COPY OF THE JUDGMENT OF THE HIGH COURT OF BOMBAY IN GOVIND @ BHAI GANESH TILVE VS VIKRAM KUMAR DATED 10.07.2009 Exhibit P10 TRUE COPY OF THE ELECTION COMMISSION CIRCULAR DATED 01.09.2009 Exhibit P11 TRUE COPY OF THE CONSOLIDATED GUIDELINES DATED 08.06.2023 ISSUED BY THE FIRST RESPONDENT ELECTION COMMISSION OF INDIA Exhibit P12 TRUE COPY OF THE PROCEEDINGS DATED 19.03.2026 ISSUED BY THE 2ND RESPONDENT 2026:KER:28962 [WP(C) Nos.11592/2026, 12368/2026, 12950/2026]

APPENDIX OF WP(C) NO. 12368 OF 2026

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT ISSUED BY THE MUTHANATTU BROTHERS ARMS AND AMMUNITION DEALERS, KOTTAYAM DATED 02-03-2026 Exhibit P2 TRUE COPY OF THE CIRCULAR DATED 01.09.2009 FROM THE ELECTION COMMISSION Exhibit P3 TRUE COPY OF THE IDENTITY CARD LIFE MEMBER OF KOTTAYAM RIFLE ASSOCIATION AS MEMBERSHIP NO.251 Exhibit P3(a) TRUE COPY OF THE NORMAL MEMBER OF DISTRICT RIFLE ASSOCIATION OF IDUKKI AS MEMBERSHIP NO.0807 Exhibit P3(b) TRUE COPY OF THE MEMBER OF KERALA STATE RIFLE ASSOCIATION IN SHOOTER ID NO. KTM03051971M01 Exhibit P3(c) TRUE COPY OF THE CERTIFICATE DATED 27-10-2025 ISSUED BY THE KERALA STATE RIFLE ASSOCIATION, THIRUVANANTHAPURAM TO THE PETITIONER Exhibit P4 TRUE COPY OF THE EXEMPTION PETITION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR AND CHAIRMAN, SCREENING COMMITTEE, KOTTAYAM DATED 27-02-2026 Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, KOTTAYAM DATED 19-03-2026 Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 10-01-2011 IN W.P.(C) NO. 9933, 10598 OF 2009 Exhibit P7 TRUE COPY OF THE ORDER DATED 19-03-2026 IN W.P.(C) NO.11081 OF 2026 2026:KER:28962 [WP(C) Nos.11592/2026, 12368/2026, 12950/2026]

APPENDIX OF WP(C) NO. 12950 OF 2026

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LICENSE DATED 07.04.2025 ISSUED TO THE PETITIONER Exhibit P2 TRUE COPY OF THE RECEIPT DATED 06.03.2026 FOR HAVING DEPOSITED THE ARMS ON 06.03.2026 AS ISSUED BY A PRIVATE ARMOURY Exhibit P3 TRUE COPY OF COMMUNICATION ISSUED BY THE PANCHAYAT NO. 2582879-2026 DATED 18.03.2026 Exhibit P4 TRUE COPY OF THE REQUEST DATED 18.03.2026 FROM THE PETITIONER TO THE 2ND RESPONDENT Exhibit P4(a) TRUE COPY OF THE RECEIPT DATED 18.03.2026 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF JUDGMENT DATED 27.03.2026 IN WPC 10529 OF 2026 AND CONNECTED CASES OF THIS HONOURABLE COURT Exhibit P6 TRUE COPY OF THE CIRCULAR NO.464/INST/2009/EPS DATED 01.09.2009 Exhibit P7 TRUE COPY OF CIRCULAR NO.

464/INST/EPS/2023/L&O DATED 08.06.2023 BY THE 1ST RESPONDENT