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2026 Supreme(Online)(Ker) 25167

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Viju Abraham, J
Varghese Chacko – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: SRI.THOMSTINE K.AUGUSTINE
For the Respondents: SENIOR GP DEEPA NARAYANAN, SC – SRI. M.AJAY

Table of Content
1. petitioners seek return of deposited licensed arms due to procedural non-compliance. (Para 1)
2. eci guidelines mandate individual assessment before arms surrender; prior case directs release. (Para 2)

JUDGMENT

The petitioners have approached this Court seeking a direction to respondents 7 and 8 to return the deposited licensed weapon belonging to the petitioners respectively, which were deposited vide Exts.P7 to P12 receipts, within a time limit to be fixed by this Court. The petitioners submit that the direction to surrender the licensed arms was without following the procedure as provided in Ext.P14 Circular issued by the Election Commission of India.

2. Heard the learned Government Pleader as well as the learned Counsel appearing for respondents 2 and 3.

As per Ext.P14, specific guidelines have been provided for deposit of the licensed arms. This Court in Kunhikannan N.P. v. State of Kerala [2026 KHC OnLine 1733] has considered a similar issue and taking into consideration Ext.P14 guidelines which required deliberation by the competent Authority on an individual basis, a review and an assessment, before passing an order calling upon the licence holders to surren

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