High Court of KeralaSingle JudgeWrit petition disposed of with directions to re...
Roni M. George and others v. State of Kerala and Others
Case / Petition Number:WP(C).No.7275 of 2021(H)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P.V. ASHA
- Judgment Date
- 2021-03-26
- Court Decision / Holding
- This writ petition is disposed of. The Court directs that SHOs refrain from demanding deposit of firearms and that firearms already deposited be released to petitioners within three days of receipt of the judgment. The decision reiterates adherence to the Election Commission Circular of 01.09.2009 and to the directives in W.P.(C) No.3682/2021, ensuring notice and Screening Committee procedures prior to any deposit action.
- Final Disposition
- Writ petition disposed of with directions to release already deposited firearms and to refrain from imposing deposit requirements going forward, pending strict adherence to EC Circular 01.09.2009 and related precedents.
Parties to the Case
Appellants / Petitioners
- Roni M. George; A.P. Prasannan; Rony Augustine; Jose Joseph; Roy A. Parekattu; Joshy Joseph; Jerard Antony; Baby Joseph; Binu Jose; P.T. Joseph; Alex Thomas; Scaria Alexander; Suresh Mathew; Ben Jose; Gigi Mathew
Respondents
- State of Kerala represented by its Secretary, Department of Home Department; District Collector-Kottayam; District Police Chief-Kottayam; Station House Officers of Pala, Erattupetta, Thidanad, Melukavu, Pallickathode, Kanjirappally; Election Commission of India; State Election Commission
Legal Representation & Advocates
Counsels for Petitioners
- • Sri LiJi.J.Vadakedom
- • SmT. Rexy Elizabeth Thomas
- • Sri Rajeev Jyothish George
- • Sri Kennedy M.George
- • Sri Tom E. Jacob
Counsels for Respondents
- • Sri Deppu Lal Mohan
- • Sri Kodoth Sreedharan, SC
- • SmT. Princy Xavier
- • Sri P.Vijayakumar, ASGI
Case Synopsis & Summary
This writ petition (WP(C) No.7275 of 2021) before the Kerala High Court, Ernakulam, challenges directives issued by Station House Officers to deposit licensed firearms with police stations or armories. Petitioners—fifty['...] actually fifteen named licensees—contend that Exts. P1 and P2 notices were issued without proper notice, and that several SHOs issued oral directions to surrender; representations (Exhibits P3 series) were filed with the District Collector opposing these actions. The petition cites a prior decision in W.P.(C) No.3682/2021 dated 17.02.2021, which held that such deposit directions should not be issued and that the licensing authority must observe the Election Commission of India Circular dated 01.09.2009, particularly clause 3.11, which envisages a Screening Committee and appropriate notice. The State Police Chief subsequently directed all district officers to desist from demanding deposits and to adhere to the 01.09.2009 circular. The court, acknowledging recurring instances across districts, disposed of the petition by directing the SHOs to release firearms already deposited within three days of receipt of the judgment and to refrain from requiring further deposit, thereby upholding the EC circular and earlier court judgments. The decision emphasizes adherence to due process, notice, and screening provisions before any firearm deposit is required.
Provisions of Law Cited
Election Commission of India Circular dated 01.09.2009, Clause 3.11
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that directions to deposit licensed firearms were issued without notice to the licensees and in the absence of a properly constituted Screening Committee under clause 3.11 of the Election Commission Circular dated 01.09.2009. They submitted representations (Exhibits P3) to the District Collector challenging the action and seek release of firearms already deposited. They rely on prior judgments in this Court directing not to issue such deposit orders and to adhere to the EC circular.
Contentions of Respondents
Respondents argue for compliance with the police directive framework and uphold the practice of deposit under lawful orders where permissible. They reference the EC circular and the purported need for a Screening Committee to direct deposit after due notice. The State Police Chief’s letter dated 15.03.2021 directing officers to desist from deposit and to follow the Circular is highlighted as vindicating the governing approach.
Cited Precedents (5)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Saji Kuriachan v. District Collector, Ernakulam | 2011 (1) KLT 484 | Positive | Cited to support the principle that deposit directions require notice and compliance with established procedural safeguards; the present court relies on this line of authority to reject indiscriminate deposit orders. |
| Binesh G. Vadath v. District Collector | 2011 (1) KHC 214 | Positive | Cited as aligning with the view that proper notice and due process govern any deposit of licensed arms. |
| Joseph v. District Collector | 2019 (1) KLT 1034 | Positive | Cited for the continuing mandate to follow due process before depriving licensees of arms. |
| W.P.(C) No.3682/2021 | (Judgment date 17.02.2021) | Positive | Directly controlling precedent within the same court, directing that deposit directions should not be issued and that EC circular procedures must apply. |
| Criminal Writ Petition No.835/2009 | Bombay High Court (Exhibit P4) | Mentioned Only | Cited in Exhibits to illustrate related jurisprudence but not binding in this court’s Kerala context. |
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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**
## **FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943**
## **WP(C).No.7275 OF 2021(H)**
## **PETITIONERS:**
- **1 RONI M.GEORGE, AGED 52 YEARS, MANAYANICKAL, KATTAKAYAM, PALA.P.O-686 575, LALAM VILLAGE, MEENACHIL TALUK.**
- **2 A.P.PRASANNAN, AREEPARAYIL HOUSE, BHARANANGANAM.P.O, BHARANANGANAM VILLAGE, MEENACHIL TALUK.**
- **3 RONY AUGUSTINE, KUZHINJALIL HOUSE, PRAVITHANAM.P.O, PALA, KOTTAYAM, BHARANANGANAM VILLAGE, MEENACHIL TALUK.**
- **4 JOSE JOSEPH, THARAPPEL, KIZHAPARAYAR.P.O, BHARANANGANAM,POOVARANY VILLAGE, MEENACHIL TALUK.**
- **5 ROY.A.PAREKATTU, PAREKATTU HOUSE, POOVARANY.P.O., POOVARANY VILLAGE, KOTTAYAM-686 577.**
- **6 JOSHY JOSEPH, PINAKKATTU HOUSE, EDAPPADY.P.O.-686 578, BHARANANGANAM VILLAGE, MEENACHIL TALUK.**
- **7 JERARD ANTONY, PANDIMARATHINKAL HOUSE, EDAMATTOM.P.O, POOVARANY VILLAGE, PALA, MEENACHIL TALUK.**
- **8 BABY JOSEPH, MUNDATTUCHUNDAYIL HOUSE, POOVARANY.P.O, POOVARANY VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.**
**WP(C).No.7275 of 2021(H)**
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- **9 BINU JOSE, MEKKALATH HOUSE, POONJAR.P.O, POONJAR NADUBHAGAM VILLAGE-686 581.**
- **10 P.T.JOSEPH, PLATHOTTAM, MANIYAMKUNNU, POONJAR.P.O, POONJAR VILLAGE, MEENACHIL TALUK.**
- **11 ALEX THOMAS, PEEDIKAYIL HOUSE, KUNNONNY.P.O, POONJAR SOUTH, POONJAR THEKKEKARA VILLAGE, MEENACHIL TALUK.**
- **12 SCARIA ALEXANDER, NJAVALLIL HOUSE, KAPPADU.P.O, KANJIRAPPALLY, KOTTAYAM DISTRICT.**
- **13 SURESH MATHEW, VELUPULLATTU HOUSE, KADANAD.P.O, KADANAD VILLAGE, MEENACHIL TALUK, KADANAD KARA.**
- **14 BEN JOSE, CHOORACKAL, ARUVIKUZHY.P.O., ANICKADU VILLAGE, ANICKADU KARA, KOTTAYAM TALUK.**
- **15 GIGI MATHEW, VALUMMANNEL, ANAKKALLU.P.O, KANJIRAPPALLY, PIN-686 508.**
- **BY ADVS. SRI.LIJI.J.VADAKEDOM SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE SRI.KENNEDY M.GEORGE SRI.TOM E. JACOB**
## **RESPONDENTS:**
- **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.**
**WP(C).No.7275 of 2021(H)**
**3**
|**2**|**THE DISTRICT COLLECTOR-KOTTAYAM,**|
|---|---|
||**COLLECTORATE, KOTTAYAM, CIVIL STATION.P.O.,**|
||**KOTTAYAM-686 002.**|
|**3**|**THE DISTRICT POLICE CHIEF-KOTTAYAM,**|
||**OFFICE OF THE DISTRICT POLICE CHIEF KOTTAYAM,**|
||**CIVIL STATION.P.O, KOTTAYAM-686 502.**|
|**4**|**THE STATION HOUSE OFFICER,**|
||**(CIRCLE INSPECTOR OF POLICE),**|
||**PALA POLICE STATION, PALA.P.O,**|
||**KOTTAYAM DISTRICT, PIN-686 575.**|
|**5**|**THE STATION HOUSE OFFICER,**|
||**(CIRCLE INSPECTOR OF POLICE),**|
||**ERATTUPETTA POLICE STATION,**|
||**ERATTUPETTA.P.O, KOTTAYAM-686 121.**|
|**6**|**THE STATION HOUSE OFFICER,**|
||**(CIRCLE INSPECTOR OF POLICE),**|
||**THIDANADU POLICE STATION, THIDANADU,**|
||**KOTTAYAM-686 123.**|
|**7**|**THE STATION HOUSE OFFICER,**|
||**(CIRCLE INSPECTOR OF POLICE),**|
||**MELUKAVU POLICE STATION,**|
||**MELUKAVU.P.O, KOTTAYAM-686 652.**|
|**8**|**THE STATION HOUSE OFFICER,**|
||**(CIRCLE INSPECTOR OF POLICE),**|
||**PALLICKATHODE POLICE STATION,**|
||**PALLICKATHODE P.O, KOTTAYAM-686 507.**|
|**9**|**THE STATION HOUSE OFFICER,**|
||**(CIRCLE INSPECTOR OF POLICE),**|
||**KANJIRAPPALLY POLICE STATION,**|
||**KANJIRAPPALLY P.O, KOTTAYAM-686 507.**|
|**10**|**THE ELECTION COMMISSION OF INDIA,**|
||**NIRVACHAN SADAN, ASOKA ROAD,**|
||**PANDIT PANT MARG AREA,SANSAD MARG AREA,**|
||**NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY.**|
|**11**|**THE STATE ELECTION COMMISSION,**|
||**ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX,**|
||**VIKAS BHAVAN.P.O,**|
||**THIRUVANANTHAPURAM-695 033,**|
||**REPRESENTED BY ITS SECRETARY.**|
**WP(C).No.7275 of 2021(H)**
**4**
**BY ADVS. SRI.DEEPU LAL MOHAN SRI.KODOTH SREEDHARAN, SC, STATE ELECTION COMMISSION, KERALA SMT.PRINCY XAVIER, GOVERNMENT PLEADER SRI.P.VIJAYAKUMAR, ASGI**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.7275 of 2021(H)**
**5**
## **JUDGMENT**
**Petitioners are aggrieved by the illegal directions issued by the respondents 4 to 9 to deposit the licensed fire arms either in the police Station or in the armory.**
**2. It is stated that the respondents 4 and 7 issued Exts.P1 and P2 notices to the petitioners 1 and 13 respectively and the other Station House Officers issued oral directions, based on which petitioners surrendered their licensed arms in various armories in the district. It is stated that they had also submitted representations Ext.P3 series before the District Collector as against the illegal action of the Station House Officers.**
**3. Persons similarly situated like petitioners had already approached this Court in W.P.(C) No.3682 of 2021 and was disposed of**
**WP(C).No.7275 of 2021(H)**
**6**
**by judgment dated 17.02.2021 with a direction to the respondents that such directions to deposit the licensed arms shall not be issued and the Circular issued by the Election Commission on 01.09.2009 has to be followed and that it is for the licensing authority to issue notice to the licensee, in the event of a finding arrived at by the Screening Committee to be constituted in accordance with the provisions contained in clause 3.11 of the said Circular, directing the licensee to deposit the fire arm. Seeing that the directions to deposit the licensed fire arms were issued to petitioners without any notice issued to them by the licensing authority and that not even a Screening Committee was constituted in accordance with clause 3.11 of the Circular dated 01.09.2009 issued by the Election Commission of India, this Court**
**WP(C).No.7275 of 2021(H)**
**7**
**directed the respective Station House Officers to release the fire arms deposited with them.**
**4. Seeing that such instances are recurring in even in the districts from which writ petitions were already filed, and judgment was rendered, the learned Government Pleader was directed to get instruction from the State Police Chief and the Commissioner for Land Revenue, as to why the police officers are collecting the licensed arms, despite the directions in a series of judgments of this Court in** _**Saji Kuriachan v. District Collector, Ernakulam**_ **[2011 (1) KLT 484],** _**Binesh G. Vadath v. District Collector**_ **[2011 (1) KHC 214],** _**Joseph v. District Collector**_ **[2019 (1) KLT 1034], etc.**
**5. The learned Government Pleader submits that the State Police Chief has thereupon issued letter dated 15.03.2021 directing all**
**WP(C).No.7275 of 2021(H)**
**8**
**the District Police Chief across the State to instruct the respective officers under them to desist from requiring deposit of fire arms and to strictly abide by the Circular issued on 01.09.2009 of the Election Commission of India.**
**In the light of the aforesaid directions issued by the State Police Chief, this writ petition is disposed of. The petitioners, who have already deposited their fire arms with the respective police stations or the armories, petitioners would be free to get those fire arms released and the respective Station House Officers shall see that the same is released to the petitioners, within a period of three days from the date of receipt of a copy of the judgment. Sd/-**
**P.V.ASHA JUDGE**
**ww**
**WP(C).No.7275 of 2021(H)**
**9**
## **APPENDIX**
## **PETITIONERS' EXHIBITS:**
**EXHIBIT P1 THE COPY OF THE NOTICE DATED 6.3.2021 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P2 THE COPY OF THE NOTICE DATED 7.3.2021 ISSUED BY THE 6TH RESPONDENT TO PETITIONER NO.13. EXHIBIT P3 THE COPY OF THE REPRESENTATION DATED 15.2.2021 (SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT-DISTRICT COLLECTOR ON 23.2.2021). EXHIBIT P3(A) THE COPY OF THE REPRESENTATION DATED 15.2.2021 (SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT-DISTRICT COLLECTOR ON 23.2.2021). EXHIBIT P3(B) THE COPY OF THE REPRESENTATION DATED 6.3.2021(SUBMITTED BY THE 3RD RESPONDENTDISTRICT COLLECTOR ON 6.3.2021) EXHIBIT P3(C) THE COPY OF THE REPRESENTATION DATED 15.2.2021 (SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT-DISTRICT COLLECTOR 23.2.2021). EXHIBIT P3(D) THE COPY OF THE REPRESENTATION DATED 15.2.2021 (SUBMITTED BY THE 5TH PETITIONER BEFORE THE 2ND RESPONDENT-DISTRICT COLLECTOR 23.2.2021). EXHIBIT P3(E) THE COPY OF THE REPRESENTATION DATED 15.2.2021 (SUBMITTED BY THE 6TH PETITIONER BEFORE THE 2ND RESPONDENT-DISTRICT COLLECTOR 23.2.2021). EXHIBIT P3(F) THE COPY OF THE REPRESENTATION DATED 6.3.2021 (SUBMITTED BY THE 7TH PETITIONER BEFORE THE 2ND RESPONDENT-DISTRICT COLLECTOR ON 6.3.2021). EXHIBITP3(G) THE COPY OF THE REPRESENTATION DATED 6.3.2021 (SUBMITTED BY THE 8TH PETITIONER BEFORE THE 2ND RESPONDENT-DISTRICT COLLECTOR ON 6.3.2021).**
**WP(C).No.7275 of 2021(H)**
**10**
|**EXHIBIT P3(H)**|**THE COPY OF THE REPRESENTATION DATED 6.3.2021**|
|---|---|
||**(SUBMITTED BY THE 9TH PETITIONER BEFORE THE**|
||**2ND**<br>**RESPONDENT-DISTRICT**<br>**COLLECTOR**<br>**ON**|
||**6.3.2021).**|
|**EXHIBIT P3(I)**|**THE COPY OF THE REPRESENTATION DATED 6.3.2021**|
||**(SUBMITTED BY THE 10TH PETITIONER BEFORE THE**|
||**2ND**<br>**RESPONDENT-DISTRICT**<br>**COLLECTOR**<br>**ON**|
||**6.3.2021).**|
|**EXHIBIT P3(J)**|**THE COPY OF THE REPRESENTATION DATED 15.2.2021**|
||**(SUBMITTED BY THE 11TH PETITIONER BEFORE THE**|
||**2ND**<br>**RESPONDENT-DISTRICT**<br>**COLLECTOR**<br>**ON**|
||**23.2.2021).**|
|**EXHIBIT P3(K)**|**THE COPY OF THE REPRESENTATION DATED 6.3.2021**|
||**(SUBMITTED BY THE 12TH PETITIONER BEFORE THE**|
||**2ND**<br>**RESPONDENT-DISTRICT**<br>**COLLECTOR**<br>**ON**|
||**6.3.2021).**|
|**EXHIBIT P3(I)**|**TRUE COPY OF THE REPRESENTATION DATED**|
||**15.2.2021 (SUBMITTED BY THE 13TH PETITIONER**|
||**BEFORE THE 2ND RESPONDENT-DISTRICT COLLECTOR**|
||**ON 6.3.2021).**|
|**EXHIBIT P3(M)**|**THE COPY OF THE REPRESENTATION DATED 6.3.2021**|
||**(SUBMITTED BY THE 5TH PETITIONER BEFORE THE**|
||**2ND**<br>**RESPONDENT-DISTRICT**<br>**COLLECTOR**<br>**ON**|
||**6.3.2021).**|
|**EXHIBIT P4**|**THE TRUE COPY OF THE JUDGMENT DATED 30/6/2009**|
||**IN CRIMINAL WRIT PETITION NO.835/2009 ON THE**|
||**FILES OF THE HONOURABLE BOMBAY HIGH COURT**|
||**DOWNLOADED THORUGH 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 JUDGMENT DATED 17/2/2021**|
||**IN W.P(C)NO.3682/2021 ON THE FILES OF THIS**|
||**HONOURABLE COURT.**|