IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 8571 of 2011(V) ------------------------- PETITIONERS: -------------------- 1. BABU MANJILA, MANJILA HOUSE, NELLIKUNNU, EAST FORT, THRISSUR. 2. JOS C.CHACKO, CHIRAKKEKARA HOUSE, EAST FORT, THRISSUR. 3. JAISON DAVIS, ELAVATHINGAL HOUSE, ANCHERY, THRISSUR. 4. RENJITH V.MENON, USHUS, VYASAGIRI, VADAKANCHERRY, THRISSUR. 5. VIJU C.J., CHIRAYATH HOUSE, CHIYARAM, SOUTH MUNAYAM, THRISSUR. BY ADVS. SRI.AUGUSTINE JOSEPH SRI.SAJI KURIACHAN SRI.K.S.ROCKEY RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ELECTORAL OFFICER, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 4. THE SUPERINTENDENT OF POLICE, COLLECTORATE, THRISSUR. 5. THE COMMISSIONER OF POLICE, RAMAVARMAPURAM, THRISSUR. R2 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.8571 OF 2011 -------------------------------- Dated this the 18th day of March 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Call for th records leading to Ext.P3. ii) Issue a writ of certiorari to quash Ext.P3. Iii) Issue a writ of mandamus to respondents 3 to 5 not to compel the petitioners to deposit their licensed weapon in violation of Ext.P1 circular. iv) Issue such other writ, order, direction including interim order deem fit and v) Allow this Writ Petition with costs. 2. The learned standing counsel appearing for the Election Commission brought to the notice of this Court that the impugned order has already been cancelled as per Ext.P1 order under Section 144(1) Cr.P.C, a copy of which is brought for consideration of this Court, which reads at item 3(10) as follows: “Immediately after the announcement of elections, district Magistrates shall make a detailed and individual review and assessment (in accordance with the prevalent State laws) of all licence holders so that licensed arms in those cases where they consider it essential are impounded in order to ensure maintenance of law and order so essential for ensuring free and fair elections. These arms should be deposited with the district authorities. Among cases which may need to be reviewed are the following: W.P.(C) No.8571/2011 - 2 - (a) Arms licenses of persons released on bail. (b) Arms licenses of persons having a history of criminal offences, and (c) Arms licenses of persons previously involved in rioting at any rate but especially during the election period. The above categories are only illustrative and not exhaustive. 3. In the said circumstances, this Court finds that no further orders are necessary in this Writ Petition. It is made clear that, if any deposit is made pursuant to the impugned order, the same shall be released in view of the above proceedings, subject to the orders, if any, of the Screening Committee. 4. The Writ Petition is closed accordingly. vdv P.R.RAMACHANDRA MENON, JUDGE