IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 8897 of 2011(J) ------------------------- PETITIONERS: --------------- 1. JAISON DAVIS, VAZHAYIL HOUSE, MONIPPALLY P.O., KOTTAYAM. 2. H.K.MONEY, MUNDACKALETTU, PALAKKATTUMALA, MARANGATTUPALLY, KOTTAYAM. 3. ROY JOSEPH, PADIYAREMURI, URELIKUNNU, NJANDUPARA P.O. 4. BINOY.T.KURIAS, PARAKULODHU, THODANAL P.O., PALI, KOTTAYAM. BY ADV. SRI.SAJI KURIACHAN SRI.M.R.NANDAKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, RPRESENTED BY THE CHIEF SCRETARY, THIRUVANANTHAPURAM-695001. 2. THE CHIEF ELECTORAL OFFICER, THIRUVANANTHAPURAM- 695001. 3. THE DISTRICT COLLECTOR, KOTTAYAM-686001. 4. THE SUPERINTENDENT OF POLICE, KOTTAYAM-686001. BY GOVERNMENT PLEADER ADV .MR. P.N. SANTHOSH R2 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 8897 OF 2011 ......................................................................... Dated this the 23rd March , 2011 J U D G M E N T The petitioners have approached this court with the following prayers: “1. Issue a writ of mandamus to the 4th respondent not to compel the petitioners to deposit their licensed weapons in violation of Ext.P1 Circular and P2 judgment of this Hon'ble High Court. ii. issue a writ of mandamus or other appropriate order or direction directing the 4th respondent to return the deposited licensed weapons, as it is in violation of Exhibit P1 circular and P2 judgment; iii. issue such other writ, order, direction including interim order deem fit; iv) and allow this Writ Petition with costs.” 2. The learned counsel for the Election Commission submits on the basis of the instruction that, a Scrutiny Committee has already been constituted, which met yesterday and considered the matter in detail. A copy of the minutes of the W.P.(C) No. 8897 OF 2011 2 meeting so held yesterday in the Chambers of the District Collector is also placed before this Court for perusal. It has been observed in the said minutes as to the case of the four petitioners as follows: “In the case of the four petitioners in the writ petition, the Committee examined their cases in detail. 1. Petitioner (1 ) has not surrendered so far his weapon to anybody . The fourth respondent or his subordinates have not given any instruction also to him to do so. He is a member of Rifle Club and naturally gets the exemption as per decisions of the Screening Committee as per para 1 (1). 2. The second petitioner has surrendered the weapon in the Marangattupally Police Station and no direction is seen issued by respondent IV. Therefore the Committee has decided to inform him to file an application to the Committee to release it and on receipt of it, the Committee will immediately give an instruction to SHO to give it back. 3. 3rd and 4th petitioners are also identified as Rifle Club Members and therefore they are already exempted by the committee. No direction is seen issued by 4th respondent to them and they W.P.(C) No. 8897 OF 2011 3 deposited the arms in Armories. They are allowed to collect their weapons back on the basis of the decision of the Committee as per para 1(1). The Committee has decided to discuss to the objections if any given by concerned on the same date of receipt itself and instructed the SHOs to not to give oral or written instruction to anybody to surrender their arms without proper direction from the Committee. ” In the above circumstance, this Court finds that no further orders are necessary. The submissions, as aforesaid are recorded and the the writ petition is disposed of in terms thereof. P.R. RAMACHANDRA MENON, JUDGE. lk