High Court of KeralaSingle Judge2021-03-16Writ petition disposed of.

Binoj Thomas and Others v. The District Magistrate/District Collector, Palakkad and Others

Case / Petition Number:WP(C).No.6358 OF 2021(T)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V.ASHA
Judgment Date: 2021-03-16
Court Decision / Holding: Ext.P2 series of notices shall stand set aside. There shall be a direction to respondents 6 and 7 to return the firearms deposited by petitioners 9 and 10 respectively or to permit their release from the respective stations. The writ petition is disposed of.
Final Disposition: Writ petition disposed of.

Parties to the Case

Appellants / Petitioners

BINOJ THOMAS
SHAJI THOMAS
GEE THOMAS
VIJI THOMAS
JOSHY THOMAS
JOSEPH PUTHIYAPARAMBIL
ABRAHAM MANUEL
MOHAMMED RASHEED MANNILAKATH
M.S.NURUDEEN MAMMASARIYILLATH
K.SUDHAKARAN NAVUKKODE KALAM

Respondents

THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678 001
THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR, DISTRICT COLLECTORATE, THRISSUR-680 003
STATION HOUSE OFFICER, KALLADIKKODE POLICE STATION, PALAKKAD-6789 596
STATION HOUSE OFFICER, MANGALAM DAM POLICE STATION, PALAKKAD,PIN-676 561
STATION HOUSE OFFICER, CHERPPU POLICE STATION, THRISSUR,PIN-680 561
SUB INSPECTOR OF POLICE, KAIPAMANGLAM POLICE STATION, THRISSUR,PIN-673 571
INSPECTOR OF POLICE, PUDUNAGARAM POLICE STATION, PALAKKAD,PIN-678 503

Legal Representation & Advocates

Counsels for Petitioners

• Adv. SMT.R.S.ASWINI SANKAR

Case Synopsis & Summary

This writ petition by ten licensees of firearms challenges Ext.P2 notices issued by the Station House Officers directing the petitioners to deposit their licensed firearms in connection with the Legislative Assembly elections. The petitioners contend that the notices were issued without authority and without reference to any screening committee or licensing authority directive; some petitioners had already deposited firearms privately upon learning that such notices were being issued. The court recalls earlier orders in similar matters (W.P.(C).Nos. 3525 and 3727 of 2021) where it directed the District Police Chiefs and Station House Officers to explain the insufficiency of officers to direct deposit of firearms and to follow the procedure for impounding strictly in line with the Election Commission of India circular dated 01.09.2009, as noted in Saji Kuriachan v. District Collector, Ernakulam; Binesh G. Vadath v. District Collector; and Joseph v. District Collector. The court observed that in the present case there is no basis for Ext.P2 since the licensing authority has not issued any notices to the petitioners. The Government Pleader informed the court of a directive from the State Police Chief to desist from directing firearm deposits and to adhere to the EC circular. Consequently, Ext.P2 is set aside, and there is a direction to respondents 6 and 7 to return the firearms deposited by petitioners 9 and 10, enabling their release from the respective stations. The writ petition is disposed of.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that Ext.P2 notices were issued by SHOs without authority, lacking any reference to a screening committee or licensing authority, and without proper administrative procedures or due process. They point out that several petitioners already deposited firearms voluntarily when notices circulated and request the notices be quashed and their firearms returned. They rely on earlier decisions directing review by district screening committees and adherence to the Election Commission circular dated 01.09.2009, arguing that a blanket deposition regime is unlawful absent proper assessment of security needs.

Contentions of Respondents

The respondents contend the notices were issued to maintain law and order during elections and rely on directives and prior orders that require careful consideration of impounding firearms when necessary. They point to the circular of the Election Commission and to instructions from the State Police Chief to ensure compliance, arguing that screening and impounding procedures were or could be invoked if warranted; they contend that the notices, under proper authority, serve the objective of free and fair elections.

Cited Precedents (4)

Case Name	Citation	Treatment	Explanation
Saji Kuriachan v. District Collector, Ernakulam	[2011 (1) KLT 484]	Positive	Cited as part of the court’s rationale for following a screening/impounding process in line with EC circulars and earlier Kerala decisions.
Binesh G. Vadath v. District Collector	[2011 (1) KHC 214]	Positive	Cited alongside Saji Kuriachan to support the same approach to firearms impounding and electoral security.
Joseph v. District Collector	[2019 (1) KLT 1034]	Positive	Cited as confirming the overarching approach to impounding firearms in electoral contexts.
W.P.(C).Nos.3525 and 3727 of 2021	—	Positive	Referenced as disposed of in a manner consistent with review by screening committees and adherence to EC circulars; used to justify current direction.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942** ## **WP(C).No.6358 OF 2021(T)** ## **PETITIONERS:** - **1 BINOJ THOMAS AGED 50 YEARS PALLIVATHUKKAL HOUSE, KARIMBA, MANNARKKAD, PALAKKAD,PIN-678 967** - **2 SHAJI THOMAS MANAKKAL HOUSE, KARIMBA, MANNARKKAD, PALAKKAD,PIN-678 967** - **3 GEE THOMAS, MANAKKAL HOUSE, CHULLIAMKULAM ESTATE, KARIMBA, MANNARKKAD, PALAKKAD,PIN-678 967** - **4 VIJI THOMAS, MANAKKAL HOUSE, KARIMBA, MANNARKKAD, PALAKKAD,PIN-678 967** - **5 JOSHY THOMAS, CHULLIAMKULAM ESTATE, MANAKKAL HOUSE, KARIMBA, MANNARKKAD, PALAKKAD,PIN-678 967** - **6 JOSEPH PUTHIYAPARAMBIL HOUSE, ELAVAMBADAM POST, PALAKKAD,PIN-676 561** - **7 ABRAHAM MANUEL, VALIPLAKKAL HOUSE, OLINKADAVU, MANGALAM DAM, PALAKKAD, PIN-676 561** - **8 MOHAMMED RASHEED MANILAKATH HOUSE, PANAMKULAM, KARUVANNUR P.O., THRISSUR ,PIN-673 571** - **9 M.S.NURUDEEN MAMMASARIYILLATH HOUSE, CHAMAKKAL AP.O., THRISSUR,PIN-680 687** - **10 K.SUDHAKARAN NAVUKKODE KALAM, PATTANCHERRY, PALAKKAD,PIN-678 534 BY ADV. SMT.R.S.ASWINI SANKAR** **WP(C).No.6358 OF 2021(T)** 2 ## **RESPONDENTS:** - **1 THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678 001** - **2 THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR, DISTRICT COLLECTORATE, THRISSUR-680 003** - **3 STATION HOUSE OFFICER, KALLADIKKODE POLICE STATION, PALAKKAD-6789 596** - **4 STATION HOUSE OFFICER, MANGALAM DAM POLICE STATION, PALAKKAD,PIN-676 561** - **5 STATION HOUSE OFFICER, CHERPPU POLICE STATION, THRISSUR,PIN-680 561** - **6 SUB INSPECTOR OF POLICE, KAIPAMANGLAM POLICE STATION, THRISSUR,PIN-673 571** - **7 INSPECTOR OF POLICE, PUDUNAGARAM POLICE STATION, PALAKKAD,PIN-678 503** ## **OTHER PRESENT:** **SMT.VINITHA.B, GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.6358 OF 2021(T)** 3 ## **J U D G M E N T** Petitioners, who are license holders of fire arms, have filed this writ petition, aggrieved by the Ext.P2 series of notices issued by respondents 3 to 7- who are the Station House Officers in Palakkad and Thrissur Districts directing the petitioners to deposit their licensed firearms in connection with the election to the Legislative Assembly. It is stated that petitioners 9 and 10 had deposited their firearms with the respective Police Stations i.e., respondents 6 and 7, even without getting any notice, on coming to know that the notices like Ext.P2 series were being issued. 2. When the writ petition came up for admission, the learned Government Pleader was directed to get instructions as to the reason for issuing such notices. 3. This Court had already disposed of several **WP(C).No.6358 OF 2021(T)** 4 cases including W.P.(C).Nos.3525 and 3727 of 2021, when persons similarly situated like petitioners had approached this Court, directing the District Police Chief of the respective Districts and the Station House Officers, explaining the incompetence of the Police Officers to direct deposit of firearms and also the procedure to be followed for impounding licensed firearms strictly in tune with the Circular issued by the Election Commission Of India on 01.09.2009 and as held in the judgments of this Court in **Saji Kuriachan v. District Collector, Ernakulam** [2011 (1) KLT 484], and reiterated in **Binesh G. Vadath v. District Collector** [2011 (1) KHC 214], **Joseph v. District Collector** [2019 (1) KLT 1034], etc. It was directed that the screening committee, which has to be constituted in each Districts, as provided in the circular has to conduct a review and in case it is found in such a review, that the impounding of the firearm of a **WP(C).No.6358 OF 2021(T)** 5 particular licenseholder is essential for ensuring the maintenance of law and order and for ensuring a free and fair election, it is for the licensing authority has to issue a notice to the licenseholder directing him to deposit the licensed arm. 4. In the present case the respondents do not have a case that Ext.P2 series of notices were issued on the basis of any report from the screening committee. At any rate the licensing authority has not issued any notices to the petitioners. Therefore Ext.P2 series of notices are issued without any authority. 5. Learned Government Pleader on instructions submitted that the State Police Chief has already issued a direction in his letter dated 15.03.2021 to the District Police Chief of the respective Districts to instruct the respective officers under them to desist from getting the fire arms deposited and to strictly adhere to the Circular dated **WP(C).No.6358 OF 2021(T)** 6 01.09.2009 of the Election Commission. 6. Ext.P2 series of notices issued by the Station House Officers shall therefore stand set aside. There shall be a direction to respondents 6 and 7 to return the firearms deposited by the petitioners 9 and 10 respectively or in other words, the petitioners 9 and 10 can get their firearms deposited with the respondents 6 and 7 released from the respective Stations. Writ petition is accordingly disposed of. Sd/- ## **P.V.ASHA, JUDGE** AS **WP(C).No.6358 OF 2021(T)** 7 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 1ST PETITIONER BY THE 1ST RESPONDENT** - **EXHIBIT P1A TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 2ND PETITIONER BY THE 1ST RESPONDENT** - **EXHIBIT P1B TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 3RD PETITIONER BY THE 1ST RESPONDENT** - **EXHIBIT P1C TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 4TH PETITIONER BY THE 1ST RESPONDENT** - **EXHIBIT P1D TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 5TH PETITIONER BY THE 1ST RESPONDENT** - **EXHIBIT P1E TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 6TH PETITIONER BY THE 1ST RESPONDENT** - **EXHIBIT P1F TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 7TH PETITIONER BY THE 1ST RESPONDENT** - **EXHIBIT P1G TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 8TH PETITIONER BY THE 2ND RESPONDENT** - **EXHIBIT P1H TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 9TH PETITIONER BY THE 2ND RESPONDENT** - **EXHIBIT P1I TRUE COPY OF THE RELEVANT PAGE OF THE ARM'S LICENSE ISSUED TO THE 10TH PETITIONER BY THE 1ST RESPONDENT** - **EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO 1ST PETITIONER DATED 5.03.2021** **WP(C).No.6358 OF 2021(T)** 8 **EXHIBIT P2A** - **TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO 2ND PETITIONER DATED 5.03.2021** - **EXHIBIT P2B TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO 3RD PETITIONER DATED 5.03.2021** - **EXHIBIT P2C TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO 4TH PETITIONER DATED 5.03.2021** - **EXHIBIT P2D TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO 5TH PETITIONER DATED 5.03.2021** - **EXHIBIT P2E TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO 6TH PETITIONER DATED 02.03.2021** - **EXHIBIT P2F TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO 7TH PETITIONER DATED 02.03.2021** - **EXHIBIT P2G TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT TO 8TH PETITIONER DATED NIL** - **EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 6TH RESPONDENT TO 9TH PETITIONER DATED 03.03.2021** - **EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED BY THE 7TH RESPONDENT TO 10TH PETITIONER DATED 04.03.2021**