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2026 Supreme(Online)(Ker) 22147

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
N.P.KUNHIKANNAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.P.SHEEBA, SMT.ASWINI SANKAR R.S., SRI.P.YADHU KUMAR, SMT.ASWATHY MENON, SMT.SIMMY JOSEPH
For the Respondents: ADV. SHRI.M.AJAY, ADV. SHRI.DEEPU LAL MOHAN

Table of Content
1. petitioners challenge phone call for arms surrender. (Para 1)
2. surrender orders must follow guidelines and be lawfully issued. (Para 2 , 3)
3. writ petitions allowed; return of arms directed. (Para 4)

JUDGMENT

Both these petitioners approached this Court aggrieved by a phone call received from the S.H.O. concerned, calling upon the petitioners to surrender their arms in accord with the guidelines issued by the Election Commission of India (produced at Ext.P2) in W.P.(C).No.12394/2026. This Court notice that the S.H.O. concerned (the 4th respondent in both the cases) cannot mandate surrender of arms through a phone call. Ext.P2 guidelines requires deliberation by the competent Authority on an individual basis, a review and an assessment, whereafter an Order has to be passed calling upon the licence holders to surrender their arms. This Court has considered the issue recently in W.P.(C).No.11762/2026.

2. In the circumstances, it is clarified that the petitioners are not under any obligation to surrender their arms based on phone call by the 4th respondent. The competent Authority in terms of Ext.P2 guidelines will pass necessary Orders, if the petitioners are require

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